Billing peak
With billing tip is called in German residential property law the amount for a particular condominium or partial ownership due to the annual settlement order based is.
Legal basis
The basis is the Condominium Act (Germany) (WEG), which in its Section 28 WEG contains the accounting rules of the condominium association. The provisions of § 28 WEG are not very detailed, which on the one hand leaves the apartment owners a relatively large amount of leeway to adapt the accounting to the characteristics of the community, but on the other hand this also means that there are quite different views, especially on the way of the annual accounting which sometimes violently contradict each other. The jurisprudence has gradually clarified a number of points of contention (especially through the decisions of the Federal Court of Justice).
Section 28 WEG can be changed in accordance with Section 10 Paragraph 2 Sentence 2 WEG by agreement of the apartment owners (but not by a resolution). Other than the statutory rules that are presented here may apply if the owners have made such an agreement with regard to the business plan or annual accounts.
Calculation method
Part of the annual bill ( Section 28 Paragraph 3 WEG) is an individual bill for each apartment. In the individual billing, the following are compared: on the one hand, the proportions of costs and burdens attributable to the respective apartment according to the distribution key , on the other hand the proportionate income of the community, here above all the advance payments (house money) , which are allocated according to the individual economic plan numbers were. That portion of the billed costs that is not covered by the income forms the billing peak . (In cases in which the house money exceeds the costs, a settlement credit arises .)
To determine the billing peak, the amount of the house money according to the business plan ( target amount ) must be applied, even if the agreed house money was not paid at all or only partially.
decision
The resolution on the annual billing lets the billing peak legally arise and creates the obligation of the respective apartment owner to pay the billing peak to the apartment owners association. Any "co-decided" receivables balance that may also be included in the annual statement. B. also includes arrears house monies, there is no new basis for a claim against the owner despite a final decision. However, the earlier decision on the economic plan remains the legal basis for the owner's obligation to settle house-money arrears.
literature
- Bärmann: Condominium Act. Commentary , 11th edition, Munich 2010, ISBN 978-3-406-60576-5
- Dr. Michael Casser, Astrid Schultheis: Sample billing for apartment owners' associations , ZMR special issue January 2011
Individual evidence
- ↑ Werner Merle in Bärmann: WEG, § 28 Rn. 1.
- ↑ Werner Merle in Bärmann: WEG, § 28 Rn. 5.
- ↑ a b BGH, decision of November 30, 1995 , Az. V ZB 16/95, full text.
- ↑ Werner Merle in Bärmann: WEG, § 28 Rn. 144.
- ↑ Dr. Michael Casser, Astrid Schultheis: Sample billing for apartment owners' associations , II.2.3, ZMR special issue January 2011
- ^ BGH, decision of September 23, 1999 , Az. V ZB 17/99, full text.
