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Common expenses distribution in a multi-house complex

As far as the declaration of division / community regulations does not regulate anything further, all costs in a multi-house complex must be combined in a total sum per type of cost and distributed according to the agreed distribution key (which means that, for example, if the general electricity consumption is to be determined on a per-house basis, all amounts for all houses will be combined and typically distributed according to the co-ownership shares).

With regard to single-family houses, I can, for example, assign drainage fees and garbage collection fees exactly to the individual user according to the tax assessment notice.

QUESTION 1: Can I assign costs directly to individual users or separate consumption-based costs without a resolution (according to WEG § 16 paragraph 3), i.e. can I allocate the accounting peak of drainage credits or payments to the previous year even if they only occurred after the end of the actual fiscal year - in accordance with the matching principle or only what actually flowed in and out in terms of cash flows in the fiscal year?

QUESTION 2: Regarding "garbage cans," can individual garbage containers in a multi-house complex (here: single-family houses) be reduced or increased at the request of an individual without a resolution, or does it also require a resolution even if it only affects ONE specific owner?

Short and concise answer is sufficient!

Bernhard Müller

Dear inquirer,

Without a corresponding resolution, the trash container cannot be reduced or increased. Because this would change the costs. These are distributed according to co-ownership shares. This then affects everyone.

However, if there is a resolution stating that costs for the trash containers are allocated to individual owners based on causation, the reduction or increase of containers used by only one person does not require any further resolution.

The law does not provide any information on the principle of separation or inflow. Therefore, the 1st administrator does as he wishes if there is no resolution. If one form of billing has been used without objection, a resolution is needed to change this later.

Sincerely,

Bernhard Müller Lawyer

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Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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