Documentation of structural extensions
May 31, 2011 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
In 1998, we acquired 2 houses in MV, each with 4 condominiums, which we will be selling individually in the coming months. Before that, we would like to clarify how the realized expansions can be documented cost-effectively and legally secure. Both houses have 4 residential units each (2 ground floor, 2 top floor). Compared to the declaration of division created in 1996, the following expansions have been implemented: - Number of parking spaces increased from 4 to 6 - Living areas of the top floor apartments expanded from 73 sqm to 98 sqm. As a result, the co-ownership shares have changed (previously 27% for each ground floor, now 23%, previously 23% for each top floor, now 27%).
Question 1: The changed co-ownership shares of the apartments (individual ownership) only affect the insurance contributions (approx. 150 EUR/year per apartment). Can we determine the allocation of insurance costs by resolution of the owners and protocol (e.g. allocation according to the number of apartments in the house)? Must the allocation be based on the sizes of the apartments?
Question 2: We would like to allocate the additional 2 parking spaces with exclusive use rights to the top floor apartments and charge 4000 EUR each for them in our prices. What cost-effective options are there to ensure the rights of the buyer?
I look forward to your response.
Best regards,
Dear inquirer,
Thank you for your inquiry.
I would like to answer it as follows:
Question 1: The changed co-ownership shares of the apartments (special ownership) only affect the insurance premiums (approx. 150.-EUR/year and apartment). Can we determine the allocation of insurance costs by resolution of the owners and protocol (e.g. allocation according to the number of apartments in the building? Does the allocation have to be based on the sizes of the apartments?
According to § 16 para. 3 WEG, a change in the distribution key can be decided by a majority of votes at a condominium owners' meeting.
This is therefore generally possible.
The allocation does not necessarily have to be based on the sizes of the apartments, but can also be designed, for example, according to the number of co-owners within a unit or according to the co-ownership shares. In this regard, the condominium owners have a relatively free decision-making power.
Question 2: We would like to assign the additional 2 parking spaces with exclusive use rights to the top floor apartments and charge 4000.-EUR each. What cost-effective option is there to secure the buyer's rights?
In principle, an assignment as exclusive use rights cannot be decided within a meeting.
Rather, an agreement in the form of a contractual agreement among the condominium owners is required.
Below I have attached an interesting link on this topic:
http://www.delseit.de/text/pdf/snz.pdf
In this context, it would be advisable for you to first reach an agreement and then to engage a colleague experienced in condominium law on-site to draft the contract documents.
You can keep the costs as low as possible by comparing and obtaining non-binding cost estimates from colleagues beforehand.
I hope to have provided you with an initial legal orientation and wish you much success and all the best!
I would also like to point out the following to you:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me through the follow-up option if you have any further questions.
I wish you a pleasant Tuesday evening!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
Tel. 0471/140240 or 0471/140241
