Old resolutions of the homeowners' association - urgently check need for action

The latest reform of the German Condominium Act has significantly changed the conditions under which resolutions passed by a condominium owners' association are also valid vis-à-vis buyers and other legal successors. The transitional provision to protect old resolutions expires at the end of 2025. It should therefore be checked whether there is a need to adapt old resolutions.

Agreements and resolutions

The Condominium Act distinguishes between resolutions and agreements. General stipulations are made in agreements, such as the purpose of individual units (residential use or commercial use). All condominium owners must always participate in agreements. Resolutions are different: they can be passed by a majority and regulate specific individual cases, such as the implementation of specific maintenance measures. This means that not all condominium owners necessarily have to participate in a resolution. „For this reason, a decision by majority vote is only possible if the Condominium Act permits it or if this has been approved by an agreement between all condominium owners,“ explains Dr. Philipp Selentin, Managing Director of the Thuringia Chamber of Notaries.

The binding of legal successors

This distinction becomes important when it comes to the question of whether purchasers of an apartment are bound by the previous community regulations. „Agreements are generally only effective for and against buyers and other special successors if they are entered in the land register,“ Selentin explains further „The situation is more complex with resolutions, however.“

On the one hand, the Condominium Act directly provides for the adoption of resolutions in certain cases, in that a statutory provision expressly permits this. Resolutions based on such a legal basis do not need to be entered in the land register.

The same applies to resolutions, which were made on the basis of an agreementThese must be entered in the land register if they are also to apply to a purchaser. Until now, this problem was not acute for old resolutions passed before 01.12.2020 due to a transitional provision. However, this temporary protection status will expire at the end of the calendar year 2025. This applies in particular to resolutions based on opening clauses. In terms of content, this can affect resolutions on the purpose of rooms, for example. From 01.01.2026, they will only be effective against buyers and other successors if they are entered in the land register.

Next steps

„Important resolution contents should be determined in good time before the end of the year and checked to see whether they need to be entered in the land register in order to avoid them no longer being valid, especially vis-à-vis buyers. In particular, resolutions that were passed before 01.12.2020 and whose content is based on an agreement in the community regulations (so-called opening clause) should be examined,“ summarizes Selentin.  

Notaries provide support with registration

From the establishment of the condominium owners' association to the entry of old resolutions in the land register, notaries are also available as competent contacts in the field of condominium law and also advise on all issues relating to land register procedures.

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries.