The decision to change building management is made via a resolution. A simple majority is sufficient. As of July 1, 2022, the majority requirement of absolute majority will be supplemented by a relative majority.
Resolutions can be made in various ways. Formalities must always be adhered to precisely (see below).
Those entitled to vote are fundamentaly all (registered) owners – in the case of owner partnerships, both owner-partners must vote the same way for their vote to count.
What is the vote on?
There are at least two decisions to make in the context of the resolution to change building management:
- Notice of termination of the current building management and
- Appointment of the new building management company.
The resolutions are normally taken at the same time. This has significant advantages for the organisational procedure. If, however, time is getting short for notice of termination of the existing building management and no internal decision has yet been made regarding the future building management, the resolutions can also be made separately.
How is the vote taken?
In the owners’ meeting
In order to be able to pass a valid formal resolution in the owners’ meeting, some (strict) formal stipulations must be met: every apartment owner must be informed at least 14 days in advance of the content of the proposed vote (§ 25 Sect. 2 WEG [Condominium Ownership Law]) by invitation to the owner’s meeting and issue of an agenda by a notice in the building and by letter to the last known delivery address.
By circular resolution
The initiators of a resolution send a voting form, together with an accompanying letter in which the reasons for a resolution are set out, which must be returned within an announced period (atleast 3 weeks is recommended).
Ermittlung des Beschlussergebnisses / Bekanntgabe
Resolutions bythe owners are – provided they do not have serious deficiencies – fundamentally legally valid from the day of the announcement. That means that a resolution is applicable and “valid” in content until the contrary is determined by a court.
Resolutions should be publicised both by a notice on the (noticeboard in the building) and written notification to the owners.
Reference to the possibility of dispute (under § 24 sect. 6 WEG) should be added. The contestation period starts with the day of announcement – the end of the contestation period should also be given.
The resolution comes into force ifthere are no disputes in court within the open period.