Community property

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For common property belongs to the German condominium law the land and parts , equipment and facilities of the building that are not in private ownership or property are a third party.

General

Joint ownership , individual ownership , partial ownership or residential property are specific legal terms that were introduced by the Apartment Ownership Act (WEG) that came into force in March 1951 . Within real estate law , the WEG represents so-called rights equivalent to real estate, which are legally treated in the same way as real estate. The boundary between common property and individual property within a condominium is marked by its seclusion .

Legal issues

The above legal definition can be found in Section 1 (5) of the WEG. The WEG thus defines the concept of collective property negatively by that of individual property. In § 5 para. 2 WAY clarifies what necessarily constitute common property, namely parts of the building, for which structure or building security are required, facilities that serve the common use of the apartment owners, even if they are in the area of the Separately owned rooms are located. These include lifts , exterior walls , balconies , roofs , entrance doors , windows , property areas , chimneys , loggias , staircases , walls , winter gardens or central heating . The sections of cables or pipelines that supply several apartments and lead through one apartment (separate property) are also part of community property. Supply lines that only supply one apartment are, however, eligible for separate ownership and are generally declared as separate property in the declaration of division . The declaration of division is therefore intended to provide information on disputes and clarify how objects capable of being owned separately are to be assigned. The demarcation is not always easy, because, for example, the central heating lines in an apartment are owned separately, whereas the line supplying the individual apartments is owned by the community.

The new version of § 22 WEG has significantly expanded the decision-making authority of the apartment owners for measures on common property. A distinction must be made between the following measures on common property: structural changes, maintenance measures , repair measures , modernizations and modernizing repairs.

The common property is jointly managed and maintained by all apartment owners. As a rule, an administrator is appointed to manage the common property.

literature

Individual evidence

  1. ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 43 ff.
  2. ↑ Helmut Aschenbrenner / Ulrike Gantert, Defects in Community Property , 2009, p. 15
  3. ↑ Helmut Aschenbrenner / Ulrike Gantert, Defects in community property , 2009, p. 15 f.
  4. ↑ Rolf Stürzer / Michael Koch / Georg Hopfensperger / Melanie Kolbeck / Detlef Sterns / Claudia Ziegelmayer, Praxishandbuch Wohnungseigentum , 2007, p. 75 f.