Märkische building cooperative

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The non-profit Märkische Baugenossenschaft Berlin eG in Berlin is a housing cooperative in Berlin. It was founded in 1924. It has around 1900 members and 1500 apartments. The company received nationwide attention as a case study for a possible obligation to make additional payments under Section 73 of the Cooperative Society Act .

Economic crisis

The qualified political scientist Diethard Hasler was the company's managing director from 1972 to June 27, 2002. The economic situation of the cooperative was very good for a long time, partly due to public subsidies, so in 1991 the available equity was more than DM 17 million  with an equity ratio of 27.5%. An enterprise policy based on free market principles was attempted.

In 1993 Hasler decided on a fateful prestige object for the company. In Glienicke a luxurious complex (was "Glienicke tip" ) built with 177 apartments planned hiring of 20 DM / m. At DM 60 million, the building project was DM 20 million more expensive than originally planned, while the building had a market value of DM 36 million when it was completed.

In 2001, equity fell below DM 5 million, at a rate of 2.5%. The Weberbank Privatbankiers KGaA announced the loan because she did not get handed the CEO the annual financial statements 2000th Hasler had himself confirmed by the Supervisory Board for a further 5 years, only then did he inform him of this situation, which the Supervisory Board accepted.

On September 23, 2002, Landesbank Berlin canceled the overdraft facility of around 3 million euros. The building cooperative became insolvent by October 11, 2002 : On October 23, 2002, Hasler declared to the cooperative assembly that he had become the victim of bank intrigue.

About four hundred comrades resigned from the cooperative because of economic concerns. In the case of the Märkische Baugenossen, however, according to the statutes, there was an obligation to make additional payments in the amount of the business share, so that not only the worthlessness of the previous share but also an obligation to pay additional payments was to be feared. At the same time, the compulsory shares were increased to 15 for new members. With 15 shares of 400 DM each, this resulted in a later possible additional payment obligation totaling 6,000 DM. The 2002 financial year showed a deficit of around 13 million euros.

Diethard Hasler resigned on June 27, 2002 and continued to receive his remuneration until the end of the year (with an annual salary of 250,000 euros). In order to regain liquidity, residential space was sold for 3.9 million euros in 2002; further sales followed. The number of compulsory shares has now been significantly reduced again.

Litigation

The obligation to make additional contributions is currently only asserted against those comrades who are leaving. In the opinion of the Association of Affected Persons, there is an obligation to pay back payments only in the event of bankruptcy. One of the first court hearings against a former cooperative member took place on November 23, 2005. On April 12, 2006, a former member of the cooperative was sentenced by the judge to add 3,075 euros and to pay the court and legal fees. In the case, the Federal Court of Justice ruled in October 2008 that the obligation to make additional contributions for departing comrades exists regardless of bankruptcy.

Critics suspect that this crisis would not have come about if building cooperatives had generally better control and supervisory structures.

Individual evidence

  1. ^ Stiftung Warentest: Comrade obliged to make an additional contribution . In: Finanztest , No. 1, 2006 (accessed on January 2, 2013)
  2. ↑ BGH, judgment of October 13, 2008, file number II ZR 229/07 ( online )
  3. ^ Märkische Baugenossenschaft still threatened with bankruptcy . In: MieterEcho , issue 299, August 2003 ( online ; PDF; 871 kB)
  4. ^ Stiftung Warentest: Märkische Baugenossenschaft: deficit of 13 million euros . In: Finanztest , November issue, October 21, 2003 (accessed January 2, 2013)
  5. ↑ Märkische Baugenossenschaft: traditional company facing bankruptcy? In: MieterMagazin (Berliner Mieterverein), Berlin, November 2003 ( online )

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