Economic plan (apartment ownership)
The economic plan is according to the German Residential Property Act (WEG) a statement of the calendar year the expected revenues and expenses in the administration of the common property. The approved business plan establishes the legal obligation of the apartment owners to pay the house money (which was decided at the same time).
Legal basis
The business plan is part of the proper administration of residential properties and is regulated in Section 28 WEG. The business plan is to be drawn up annually by the administrator .
Contents of the business plan
In the business plan, the expected income and expenditure for the coming financial year and separately the allocation to the maintenance reserve are estimated. It only includes the costs for the administration and maintenance of the communal property and costs that are usually billed to the community, such as water and sewage costs, waste disposal and, if applicable, heating costs, if a communal heating system is available. The individual apartment owners are assessed separately for real estate tax , so it is not part of the business plan. Costs in connection with individual property are also not part of the business plan. The income side includes z. B. Interest income from the bank accounts of the community, income from renting the jointly owned property, any withdrawals from the maintenance provision, but above all the contributions of the apartment owners (house money). The business plan must show the same amount of income and expenditure.
The business plan consists of a general business plan and the individual business plans. Every condominium (and every part ownership) has an individual economic plan. All apartment owners must have all individual economic plans of the community available when making a decision.
Distribution key
The distribution key must also be specified for each item in the business plan . According to § 16 Paragraph 2 WEG, the co-ownership share (MEA) is initially the distribution key, but the apartment owners can agree on other standards or decide on other keys for certain costs according to § 16 Paragraphs 3 and 4 WEG.
Procedure and legal effect
The business plan is to be drawn up by the administrator ( Section 28 (1) WEG). If there is an administrative advisory board , it should review the business plan before adopting a resolution ( Section 29 (3) WEG). The business plan is decided by a majority of the apartment owners' meeting.
The approved business plan is the basis for the monthly advances from the co-owners. These advance payments are known colloquially as house money . The term housing benefit is also used, but it can lead to confusion with the corresponding term from social law . The apartment owners are obliged to make the appropriate advances after being called by the administrator ( Section 28 (2) WEG).
Validity period
The business plan is decided for the calendar year. However, since a new business plan cannot usually be decided upon immediately after the end of the calendar year, business plans are often adopted with the addition that this business plan is valid until a new business plan is decided.
literature
- Bärmann: Condominium Act. Commentary , 11th edition, Munich 2010, ISBN 978-3-406-60576-5
