Legal fields

All facets of real estate law. Competent and pragmatic.

Residential ownership law

If you are or intend to become the owner of a condominium, you need to be aware that a condominium is a special type of ownership. This legal form has a significant influence on an owner’s rights and obligations. One key problem area is the parallel existence and coexistence of joint and individual property: each owner can use exclusively alone solely his individual property [Sondereigentum] (usually the apartment). It is compulsory that the joint property [Gemeinschaftseigentum], in contrast, belongs to each owner jointly with all other condominium owners. This results in numerous losses due to friction and high potential for conflict. The provisions on residential ownership are structured differently in each condominium complex, which is why we assess and advise on, for instance, the following questions:

  • What governs the partition deed [Teilungserklärung]?

  • Can these specifications be changed by the condominium owners?

  • What happens if the building condition does not agree with the partition deed?

  • Can an owner change his individual property according to his own ideas?

  • Can I modify my apartment to make it handicapped disabled, or do I need the consent of the other owners?

  • How can the other owners use the complex and where are the limits?

  • How are voting rights distributed in the condominium complex?

  • With what majority of votes can the owners’ association decide on something?

  • What are rights of special use [Sondernutzungrecht] and how are they created?

  • Are rights of special use legally protected?

  • Who is liable if the seller owes condominium fees for a condominium apartment?

  • Can I convert the unfinished attic [Dachgeschossrohling] according to my ideas if there is permission in the partition deed to convert the roof space?

  • What can an individual owner do when he feels disturbed by other owners or third parties?

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