Omnipotence
Allstimmigkeit is by voting in collegial bodies , the approval of all members of the body , so that when decisions not only the unanimity of those present , but also the presence and consent of all the absent members is necessary.
General
The linguistically misleading concept of unanimity is intended to make a difference to unanimity, the requirement of which is already met if all members present agree. In the case of unanimous agreement, the consent of those present is not sufficient; the consent of the entire collegial body is required. This means that absent members (e.g. due to vacation or illness ) must agree, which can usually be made up for.
Legal issues
The terms “unanimous” and “unanimous” are not defined by law and are often used imprecisely. Unanimity requires the absolute consent of all members of a collegial body. While the unanimity of laws is required more often, the universal agreement is only provided in the condominium law . A single abstention here brings the all-in-tune to failure.
Condominiums
Pursuant to Section 16, Paragraph 3 of the WEG , questions about changing the distribution key for operating costs and administrative costs can be voted on with a simple majority in the apartment owners' meeting . On the other hand, the "modernizing maintenance" requires a simple majority ( Section 22 Paragraph 3 WEG), whereas modernization or adaptation to the state of the art (Section 22 Paragraph 2 WEG) requires a three-quarters majority. Universal agreement is only required for structural changes (Section 22 (1) WEG) if all owners are affected by a construction project. Total bans on renting or selling also require unanimity. If resolutions are not passed in the apartment owners' meeting, but in writing by way of the circulation procedure according to Section 23 Paragraph 3 WEG, unanimity is always required. The circulation procedure is a special form of universal voices. The requirement that a circular resolution must be unanimous only relates to the form in which this resolution was reached, but not to the matter regulated by it.
The owners regulate their basic relationship with agreements . As a unanimous contract, the agreement requires the consent of all apartment owners entered in the property register. Agreements on the relationship between apartment owners can be made in accordance with Section 5, Paragraph 4 of the WEG on the content of private property .
Others
It stands to reason that in principle omnipotence is only practicable in very small groups and that the larger the collective, the greater the likelihood that omnipotence cannot be achieved. In addition, the greater the importance of the question to be clarified, the more difficult it will be to achieve universal agreement.
See also
literature
- Ludwig Röll, Marcel Sauren: Handbook for apartment owners and administrators . 9th edition. Dr. Otto Schmidt, Cologne 2008, ISBN 978-3-504-45708-2 .
- Werner Merle: Johannes Bärmann: Condominium Law . 11th edition. CH Beck, Munich 2010, ISBN 978-3-406-60576-5 .
Individual evidence
- ↑ Michael Hauff / Hanno Musielack, Das Großes Verwalter Handbuch , 2017, p. 88
- ^ Karl-Friedrich Moersch, The condominium from AZ , 2010, p. 76
- ↑ Michael Hauff / Hanno Musielack, Das große Verwalter Handbuch , 2017, p. 89
- ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 728
