Resolutions on the levying of a special contribution are valid even if they do not state the exact amount. However, owners must be able to calculate this themselves. This was recently decided by the Federal Court of Justice (BGH; V ZR 132/23).
In this case, a community of condominium owners wanted to conduct a lawsuit. The owners decided by majority vote to divide the costs for this of 6,000 euros proportionately according to co-ownership shares. One owner then challenged the resolution to levy the special apportionment. The reason for this was that the shares were not shown exactly in euros.
However, the BGH ruled that a special apportionment is valid even without precise euro figures. The decisive factor is that the shares can be calculated clearly and unambiguously. As long as owners can calculate their share themselves, the resolution is valid. Resolutions must be sufficiently specific and comprehensible overall.
© immonewsfeed
