Withdrawal decision according to § 18 Condominium Act
November 14, 2009 | 50,00 EUR | answered by Michael Vogt
The condominium association has passed a resolution of forgiveness against me, because my tenant has displayed unbearable behavior, including aggression, over weeks. My apartment is managed by a trustee who did not actively communicate with me. It was only recently when the agenda for the owners' meeting was sent to me that prompted me to inquire, leading to the relevant information for me. I then discussed the further steps up to the ordinary termination with the responsible case officer. Additionally, it should be noted that a written information was sent to me by one of the tenants, who described the facts fundamentally differently, namely positively. Was the forgiveness resolution lawful? What steps do I need to take now? Sincerely, H.J. Drechsler
Dear advice seeker,
Dear advice seeker,
I am happy to answer your question based on the facts you have provided and taking into account your input as follows:
Decisions of the condominium owners' meeting can be challenged within one month before the local district court responsible for the property according to § 43 para. 1 WEG.
However, in the case of the withdrawal of condominium ownership according to § 18 WEG, it should be noted that as a result of this challenge by the court, only a formal review will be conducted to determine whether the decision was made in a properly formal manner.
The question of substantive legality, i.e. whether you have actually committed a serious breach of duty that justifies the withdrawal of ownership, will not be examined in this challenge procedure.
This question will be addressed in the ownership deprivation process to be conducted according to § 51 WEG, which, however, must be initiated by the other co-owners, if you do not voluntarily sell your condominium.
Whether you can successfully challenge the decision of the condominium owners' meeting in your case cannot be conclusively clarified within the scope of this online initial consultation.
The fact that the written invitation to the condominium owners' meeting to be made according to § 24 WEG was not sent to you, but to the administrator authorized to receive such invitations, unfortunately does not in itself provide a basis for successfully challenging the decision.
In summary, I would recommend that you appoint a local colleague as soon as possible to represent you further.
After clarifying the facts, they can assess whether a challenge to the decision should be made or whether the initiation of the ownership deprivation procedure should be awaited for cost reasons.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on your information, is only a first legal assessment of the facts. It cannot replace a comprehensive evaluation. By adding or omitting relevant information, the legal assessment may vary significantly.
Feel free to contact me through the follow-up option on this platform or via my email address.
For representation beyond this initial consultation, my law firm is also available to assist you.
I wish you a pleasant Sunday and remain
Yours sincerely
Lawyer Michael Vogt
