The consumer protection association for apartment and home owners, advisory boards and WEGs (WiE) advises apartment owners to check their windows in the spring or summer. If they are damaged, there is still enough time to repair the damage or replace the windows. But caution is advised: According to Section 5 (2) of the new Condominium Act, exterior windows are part of the common property and thus belong to the condominium owners' association (WEG).
This means that repairs or renovations to, as well as the replacement of, damaged windows always require the consent of the WEG, in the form of a resolution at the owners' meeting. Work on the exterior windows that requires a resolution includes, for example, new window frames and shutters as well as window sills and window ledges. Changes to the shutters and external blinds and awnings also require the consent of the WEG. The only exceptions to common ownership are the window sills in the interior rooms.
According to the new Condominium Act, the windows belong to the condominium owners' association even if deviating regulations were made in the declaration of partition defining the windows as special property. This regulation would not stand up to legal scrutiny. Another new provision also relates to the financing of repairs or refurbishment work. According to § 16 para. 2 WEGesetz, the costs of maintenance measures on windows can only be distributed to the owner who wants to carry them out and not proportionally to the entire WEG. A majority resolution in the owners' meeting is sufficient for approval. If the measures are approved, the WEG also decides which materials and colors may be used.
Source: WiE
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