The administrator of a condominium owners' association (WEG) called for an extraordinary owners' meeting during the Corona pandemic. In the letter dated April 8, 2020, a so-called "one-man meeting" was invited. The letter contained the notice that, due to the Corona pandemic, no face-to-face meeting could take place in the near future and for an indefinite period of time. For this reason, it resorted to a possibility created by the legislator to have the owners' meeting take place in the form of a "one-man meeting".
Only the administrator and her managing director took part in this extraordinary owners' meeting. The managing director assumed the role of chairman of the meeting and representative of the condominium owners. The owners were called upon to grant him a power of attorney to vote on agenda items 3 and 4 so that resolutions could be passed on them. The "one-man meeting" took place at the business premises of the defendant. The resolutions adopted by majority vote on the basis of the proxies formed the basis for resolutions at the owners' meeting on June 26, 2020.
One of the owners filed a lawsuit (AZ 483 C 8456/20). He is of the opinion that the resolutions adopted are null and void, as there is no legal basis for the "one-man meeting" that was held. Rather, the right to participate and vote of the condominium owners, who had not submitted a power of representation, had been unlawfully infringed. The action was successful before the Munich Local Court. Pursuant to Section 23 (1) WEG, the resolutions adopted are null and void. This is because they encroach on the core area of condominium ownership to the extent that all condominium owners have the right to participate in an owners' meeting.
Source: AG Munich
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