Law on housing ownership and permanent housing law (Housing Property Law)

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WoEigG

Date of completion: 15.03.1951

Full quote:

" Housing Property Law in the revised version published in the Federal Law Gazette III, outline number 403-1, the latest by Article 4 of the Law of 5 December 2014 (BGBl. I p. 1962) "

Status:

Last amended by Art. 4 G v. 5.12.2014 I 1962

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.10.1973 + + +) 

  

Because of the extent of the validity in the Saarland, see § 3 II No. 1 G v. 30.6.1959 101-3; in Berlin gem. Art. III G v. 2.8.1951 GVBl. 547 entered into force on 10.8.1951

I. Part
Home ownership

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§ 1 Definitions

(1) In accordance with the provisions of this law, the owner of the apartment may be the owner of a building which is not to be used for residential purposes. (2) Apartment property is the special property of an apartment in connection with the property. Co-ownership of the joint property to which it belongs. (3) Part property is the special property of non-residential premises of a building in connection with the co-ownership share of the communal property to which it belongs belongs. (4) Property ownership and partial ownership cannot be justified in the manner (5) Community property within the meaning of this Act is the property as well as the parts, installations and facilities of the building which are not owned by the special property or shall be owned by a third party. (6) The provisions relating to the ownership of the apartment shall apply mutagenly to the subject of the partial ownership.

Section 1
Justification of housing ownership

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§ 2 Types of reasoning

Property ownership is justified by the contractual granting of special ownership (§ 3) or by division (§ 8). Unofficial table of contents

§ 3 Contractual granting of special ownership

(1) Co-ownership (§ 1008 of the Civil Code) in a property may be limited by contract of co-owners in such a way that, by way of derogation from § 93 of the Civil Code, each of the co-owners is subject to the special ownership of a property in a property. (2) Special property shall be granted only if the dwellings or other premises are located in the premises of the property, or in a building which is not intended to be used for the purpose of the building. have been completed. Garage parking spaces are considered to be closed spaces if their surfaces are visible by permanent markings. (3) (omitted) Unofficial table of contents

§ 4 Forming provisions

(1) The agreement of the parties concerned on the entry of the change of law and the entry into the land register is necessary for the granting of the special ownership and the cancellation of the special ownership. (2) The agreement requires the form prescribed for the dismissal. Special property cannot be granted or rescinded under a condition or time determination. (3) For a contract through which a part undertakes to grant, acquire or cancel special property, § 311b para. 1 of the Civil code accordingly. Unofficial table of contents

§ 5 Subject matter and content of special property

(1) Special property shall be subject to the premises determined in accordance with Article 3 (1) and to the components of the building belonging to those spaces which may be altered, removed or inserted without thereby making any use of Community property or of any other (2) parts of the building necessary for its existence or security. (2) Part of the building which is necessary for its existence or security. , as well as installations and installations which make Community use of the Property owners are not subject to the special property, even if they are located in the area of the rooms in the special property. (3) The owner of the apartment can agree that parts of the building, the subject matter of the building, may be used. (4) Agreements on the relationship between the owner of the apartment and the other may be in accordance with the provisions of the second subparagraph of this Regulation. and 3. Section on the content of the special property is made. If the residential property is burdened with the mortgage, basic or pension liability or the reallast of a third party, its consent to the agreement necessary under other legislation is only necessary if a special right of use is justified or a special right of use related to the home ownership shall be repealed, amended or transferred. In the case of the justification of a special right of use, the consent of the third party shall not be required if the agreement simultaneously involves the property in his favour being linked to a special right of use. Unofficial table of contents

Section 6 Unautonomy of special property

(1) The special ownership can not be sold or burdened without the co-ownership part to which it belongs. (2) Rights on the co-ownership share extend to the special ownership of the co-ownership. Unofficial table of contents

§ 7 General Book Provisions

(1) In the case of § 3 (1), a special basic book (Housing Land Registry) shall be applied for each co-ownership part of the Office for the reason that it is a special property. In this case, the special property belonging to the co-ownership component and as a limitation of the co-ownership is to enter the granting of the special ownership rights belonging to the other co-ownership shares. The land register of the property is closed by its own office. (2) (omitted) (3) For the purpose of a more detailed description of the subject matter and the content of the special property, reference may be made to the application for registration. (4) The registration permit shall be attached as annexes:

1.

a construction drawing provided by the building authority with signature and seal or stamp, showing the division of the building and the location and size of the parts of the building in the special ownership and in the common ownership of the property. (allocation plan); all single rooms belonging to the same apartment are to be marked with the same number;

2.

a certificate issued by the building authority that the conditions set out in § 3 (2) are fulfilled.

If numbers are given in the registration permit for each of the special property rights, they shall be identical to those of the allocation plan. The national governments can determine by means of a decree law that, and in which cases the allocation plan (sentence 1 no. 1) and the seclusion (sentence 1 no. 2) take place by a publicly appointed or recognised expert for the construction sector shall be prepared and certified by the building authority. If these tasks are carried out by the expert, the provisions of the General Administrative Procedure for the issuing of certificates in accordance with § 7 (4) (2) and § 32 (2) (2) of the Housing Property Act of 19 March 1974 (BAnz. No 58 of 23 March 1974). In this case, the annexes do not require the form of § 29 of the basic book order. The state governments can transfer the authorization to the Land Construction Administrations by means of a legal regulation. (5) The provisions on subordinated basic books shall apply mutagentily to the basic rules of the land register. Unofficial table of contents

§ 8 Division by the owner

(1) The owner of a property may, by declaration to the Land Registry, share ownership of the property in co-owned parts in such a way that with each share the special ownership of a particular dwelling or not to (2) In the case of paragraph 1, the provisions of Section 3 (2) and § § 5, 6, § 7 (1), (3) to (5) shall apply accordingly. The division will take effect with the application of the Housing Basic Books. Unofficial table of contents

Section 9 Closure of the Housing Basic Books

(1) The basic housing books shall be closed:

1.

on its own account, if the special ownership rights pursuant to § 4 are repealed;

2.

at the request of all home owners, if all the special property rights have become subject to complete destruction of the building and proof of this has been provided by a certificate issued by the building authority;

3.

at the request of the owner, if all the property rights in one person are unite.

(2) Where a residential property is self-employed with the law of a third party, the general rules under which the third party is required to waive the special ownership shall not be affected by paragraph 1. A basic book shall be laid down for the property in accordance with the general rules; special property rights shall be erasable as long as they have not already been abolished, with the application of the basic book.

Section 2
Community of Housing Owners

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§ 10 General principles

(1) Owners of the rights and obligations under the provisions of this Act, in particular special property and Community property, shall be the property owners, unless otherwise expressly determined. (2) The relationship of the Homeowners are governed by the provisions of this law and, in so far as this law does not contain any specific provisions, in accordance with the provisions of the Civil Code on the Community. The owner of the apartment may enter into agreements which deviate from the provisions of this Act, unless otherwise expressly determined. Any owner of a dwelling may require an agreement to be deviated from the law or the adaptation of an agreement, in so far as it is necessary to maintain the rules in force on serious grounds, taking into account all the circumstances of the individual case, in particular, the rights and interests of the other owners of the housing appear to be unfair. (3) Agreements by which the owner of the property rules their relationship with each other in addition to or by way of derogation from the provisions of this Act, and the Amendment or repeal of such agreements shall act against the Special successor of a owner of the apartment only if they are registered as the content of the special property in the land register. (4) Decisions of the owner of the apartment pursuant to § 23 and court decisions in a legal dispute pursuant to § 43 require to be Effectiveness against the special successor of a property owner not the registration in the land register. This also applies to decisions taken pursuant to an agreement pursuant to Section 23 (1), which deviate from the law or modify an agreement. (5) Legal acts in matters concerning which the law or an agreement of the property owners may be decided by a majority of votes, if they are carried out on the basis of a decision taken by such a majority, and also for and against the owner of the property who voted against the decision or on the (6) The Community of the owner of the housing may be in the The whole of the management of Community property vis-à-vis third parties and property owners themselves shall acquire rights and obligations. It is the proprietor of the rights and obligations legally established and acquired by law as a community. It exercises the Community-related rights of the owner of the apartment and carries out the Community-related obligations of the owner of the apartment, as well as other rights and obligations of the owner of the apartment, in so far as it is jointly asserted. can be or are to be fulfilled. The Community must refer to the term 'homeowners' community ' followed by the specific indication of the Community land. She can sue and be sued in court. (7) The administrative capacity belongs to the community of the owner of the apartment. It consists of property and rights legally established and legally acquired in the context of the entire administration of the Community property, as well as the liabilities incurred. The administrative assets shall include, in particular, the rights and powers arising from legal relationships with third parties and with housing owners, as well as the funds received. If all the property rights in one person are in agreement, the administrative assets shall be passed on to the owner of the property. (8) Each owner of the apartment shall be liable to a creditor in accordance with the ratio of his co-ownership share (§ 16 para. 1 sentence 2) for liabilities of the Community of the owner of the housing, which were created during or during that period; for the liability after the sale of the property is subject to § 160 of the To apply the Commercial Code accordingly. In addition to the creditors, he may make use of the objections and objections raised by the Community as well as to the creditors, but not his objections and objections to the Community. § 770 of the Civil Code shall be applied accordingly for the objection of the challenge and the ability to be credited. The liability of an owner of a housing vis-à-vis the Community for not being properly managed shall be determined in accordance with the first sentence of the first sentence. Unofficial table of contents

Section 11 Indissolubility of the Community

(1) No homeowner may require the abolition of the Community. This also applies to a waiver for important reasons. A deviating agreement is only permissible if the building is destroyed in whole or in part and there is no obligation to reconstruct it. (2) The right of a creditor (§ 751 of the Civil Code) as well as the right of a creditor in the Insolvency proceedings (Section 84 (2) of the Insolvency Code) to demand the annulment of the Community shall be excluded. (3) Insolvency proceedings concerning the administrative capacity of the Community shall not be held. Unofficial table of contents

§ 12 Restriction of divestment

(1) The content of the special property may be agreed upon, that an owner of the apartment for the sale of his property is subject to the consent of other apartment owners or a third party. (2) The consent may only be given for one important reason. will be failed. By agreement in accordance with paragraph 1, the owner of the apartment may, in addition, be entitled to a right of consent for certain cases. (3) If an agreement has been reached in accordance with paragraph 1, a sale of the housing property shall be and a contract by which the owner of the apartment commits itself to such divestment shall be ineffective as long as the required consent is not granted. A right-of-business sale shall be the same as a sale by the execution of the execution or by the insolvency administrator. (4) The owner of the apartment may decide by majority of votes that a restriction of disposal as referred to in paragraph 1 shall be is repealed. This power may not be restricted or excluded by agreement of the apartment owners. If a decision is taken in accordance with the first sentence, the divestment limit in the land register may be deleted. The authorisation in accordance with § 19 of the basic book order shall not be required if the decision has been established in accordance with the first sentence. For this proof, section 26 (3) shall apply accordingly. Unofficial table of contents

§ 13 Rights of the owner of the apartment

(1) Any owner of the property may, unless the law or the rights of third parties stand in the way, use the parts of the building which are in special ownership, in particular, to inhabit, rent, lease or otherwise use these parts of the building, (2) Each apartment owner is entitled to use the common property in accordance with § § 14, 15. In the case of other uses of the Community property, each owner of the apartment shall be entitled to a share in accordance with § 16. Unofficial table of contents

§ 14 Duties of the owner of the apartment

Each apartment owner is obliged to:

1.

to keep the parts of the buildings in special ownership in such a way and to make use of them and of the Community property only in such a way that it does not allow any of the other owners of the dwelling to do so in the case of an orderly There is an inevitable drawback of living together;

2.

to ensure that the obligations referred to in paragraph 1 are complied with by persons who belong to his or her household or business, or who otherwise leave the use of the property or parts of the property in the special or co-ownership of the property;

3.

to condone the effects on the parts of the building in special ownership and of the Community property, insofar as they are based on a permitted use in accordance with point 1, 2;

4.

to allow the entry and use of the parts of the building in special ownership, to the extent that this is necessary for the maintenance and repair of Community property, and to replace the damage resulting from this.

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Section 15 Rules of use

(1) The property owners may regulate the use of the special property and the common property by agreement. (2) Unless an agreement pursuant to paragraph 1 precludes an agreement, the property owners may, by majority of votes, enter into (3) Each owner of the apartment may use the parts of the building and the parts of the property, which are in the special ownership of the property, and of the property. of the Community's property, which is the law, the Agreements and decisions and, in so far as this does not result, in the interest of the whole of the owner of the apartment, shall be in accordance with its reasonable discretion. Unofficial table of contents

§ 16 Use, loads and costs

(1) Each dwelling owner shall be entitled to a fraction of the uses of the Community property corresponding to its share. The share is determined in accordance with the ratio of co-ownership shares registered in the land register in accordance with § 47 of the basic book order. (2) Each owner of the apartment is obliged to the other owners of the estate to the detriment of the communal property. The property and the costs of maintenance, repair, other administration and a Community use of the Community property shall be borne by the proportion of its share (paragraph 1, second sentence). (3) The owners of the property may by way of derogation from paragraph 2, by a majority of votes, decide that: Operating costs of the Community property or of special property within the meaning of Section 556 (1) of the Civil Code, which are not settled directly against third parties, and the costs of the administration after consumption or the polluter (4) In the individual case, the owner of the apartment may be responsible for the maintenance or repair within the meaning of Article 21 (5) (2) or (2) of the Rules of Procedure. Structural changes or expenses within the meaning of section 22 (1) and (2) by decision of the Distribution of costs by way of derogation from paragraph 2, if the divergent measure takes account of the use or the possibility of use by the owner of the apartment. The decision to regulate the allocation of costs in accordance with the first sentence requires a majority of three quarters of all property owners entitled to vote within the meaning of section 25 (2) and more than half of all co-ownership shares. (5) The powers in the sense of the Paragraphs 3 and 4 may not be restricted or excluded by agreement of the owner of the apartment. (6) A property owner who did not agree to a measure pursuant to § 22 para. 1 shall not be entitled to a share of benefits which may be applied to are based on such a measure; it is not obliged to pay the costs incurred by such a measure is to be borne. The costs of the administration within the meaning of paragraph 2 shall include, in particular, the costs of litigation in accordance with § 18 and the compensation of the damage in the case of § 14 no. 4. (8) Costs of a Legal disputes according to § 43 are only part of the costs of the administration within the meaning of paragraph 2 if they are additional costs compared to the legal remuneration of a lawyer on the basis of an agreement on remuneration (§ 27 para. 2 No. 4, para. 3 No. 6). Unofficial table of contents

Section 17 Share of the repeal of the Community

In the case of the abolition of the Community, the share of co-owners shall be determined by the ratio of the value of their property rights at the time of the repeal of the Community. If the value of a co-ownership has changed by means of measures the costs of which the owner of the apartment has not borne, such a change shall be disregarded in the calculation of the value of this share. Unofficial table of contents

Section 18 The deprivation of property

(1) If a dwelling owner is guilty of such a serious breach of the obligations imposed on him against other homeowners, that the continuation of the Community with him can no longer be attributed to him, he may, the other apartment owners require him to sell his or her home. The exercise of the right of deprivation shall be the subject of the Community of property owners, in so far as it is not a Community which consists of only two owners. (2) The conditions set out in paragraph 1 shall in particular be met if:

1.

the owner of the apartment, in spite of a warning, repeatedly violates the obligations imposed on him in accordance with § 14;

2.

the owner of the apartment has been in default for more than three months with the fulfilment of his obligations to bear the burden and costs (Section 16 (2)) of an amount exceeding three of the hundred of the unit value of his home property; in this case, Section 30 of the Code of Tax shall not preclude a communication of the unit value to the Community of property owners or, in so far as the Community is composed of only two owners, to the other owner of the housing.

3. On the request referred to in paragraph 1, the property owners shall decide by majority of votes. The decision shall require a majority of more than half of the property owners entitled to vote. The provisions of Section 25 (3), (4) shall not apply in this case. (4) The claim specified in paragraph 1 may not be restricted or excluded by agreement of the apartment owners. Unofficial table of contents

Section 19 Effects of the judgment

(1) The judgment, which condemns a housing owner for the sale of his or her home property, entitles any co-owner to enforce the law in accordance with the provisions of the First Section of the Law on the Forced auction and forced administration. The exercise of this right shall be the subject of the Community of property owners, in so far as it is not a Community which consists solely of two property owners. (2) In the case of Section 18 (2) (2), the owner of the apartment may be granted the right to grant access to the property. the effect of the judgment referred to in paragraph 1 shall be waxed by the fact that he is responsible for failing to fulfil his obligations, including the obligation to replace him or her by the litigation and the auctioning costs incurred as well as the due further obligations to the detriment-and (3) A comparison of a court order or a settlement closed to a quality service by which the owner of the apartment is obliged to dispose of his property is the same as the judgment referred to in paragraph 1.

Section 3
Administration

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Section 20 Structure of administration

(1) The administration of the Community property shall be the responsibility of the property owners in accordance with § § 21 to 25 and the liquidator in accordance with § § 26 to 28, in the case of the appointment of an administrative advisory board also in accordance with § 29. (2) The Unable to rule out a custodian order. Unofficial table of contents

Section 21 Administration by the property owners

(1) Unless otherwise specified in this Act or by agreement of the owner of the property, the administration of the Community property shall be subject to the common ownership of the property owners. (2) Each owner of the apartment shall be entitled to: in the absence of the agreement of the other owners, the measures necessary to avoid any damage directly imminent to the Community property. (3) Insofar as the management of the Community property is not carried out by Agreement of the apartment owners is regulated, the apartment owners can (4) Each apartment owner may require an administration which is responsible for the agreements and decisions and, where such (5) In particular, the following administration, which corresponds to the interest of all the owner of the apartment, belongs in particular to the following:

1.

the establishment of a house order;

2.

the proper maintenance and repair of Community property;

3.

the fire insurance of the Community property for the new value and the appropriate insurance of the owner of the housing against the liability of the house and property;

4.

the accumulation of an appropriate maintenance reserve;

5.

the establishment of an economic plan (§ 28);

6.

the culling of all the measures necessary for the manufacture of a telephone subscriber equipment, a radio receiver or a power supply terminal for the benefit of a housing owner.

(6) The owner of the apartment, in whose favour a measure of the type referred to in paragraph 5 (6) is taken, shall be obliged to compensate for the damage resulting from this. (7) The owner of the apartment may regulate the manner in which the property is (8) Meeting the owners of the property, in accordance with the procedure referred to in Article 1 (2) of the EC-law, the following: If the law does not apply, the court may, in its place, in a Litigation in accordance with § 43 shall be decided in accordance with reasonable discretion, insofar as the measure does not result from the law, an agreement or a decision of the apartment owners. Unofficial table of contents

Section 22 Special expenses, reconstruction

(1) Construction changes and expenses exceeding the regular maintenance or repair of the Community property may be decided or required if any owner of the housing agrees to the rights of the owner of the property, the measures are adversely affected in addition to the measure specified in Section 14 (1). The consent shall not be required in so far as the rights of an owner of a housing are not adversely affected in the manner described in the first sentence. (2) Measures referred to in the first sentence of paragraph 1, which shall be amended in accordance with § 555b (1) to (5) of the By way of derogation from paragraph 1, the provisions of the Civil Code or the adaptation of Community property to the state of the art do not alter the nature of the housing system and do not adversely affect the property owner's property vis-à-vis others; 1 by a majority of three quarters of all eligible housing owners in the sense of of Section 25 (2) and more than half of all co-ownership shares are decided. The power within the meaning of sentence 1 may not be restricted or excluded by agreement of the apartment owners. (3) For measures of modernizing repair within the meaning of § 21 (5) no. 2, it remains with the regulations of the § § § 21 (5) no. 21 (3) and (4). (4) If the building is destroyed by more than half of its value and the damage is not covered by insurance or otherwise, the reconstruction cannot be decided in accordance with § 21 (3) or required in accordance with § 21 (4) . Unofficial table of contents

§ 23 Housing Ownhouse Assembly

(1) A matter which, under this Act or under an agreement of the owner of the apartment, can be decided by a decision of the owner of the apartment shall be ordered by decision-making in an assembly of the owner of the apartment. (2) The validity of a decision is necessary for the subject matter to be referred to in the convocation. (3) A decision shall be valid even without a meeting if all the owners of the apartment declare their agreement to the decision in writing. (4) A decision, which violates a piece of legislation that is legally enforcable is void, it is void. In addition, a decision shall be valid as long as it is not declared invalid by a final judgment. Unofficial table of contents

Section 24 convening, chairmanship, transcript

(1) The congregation of the owner of the apartment shall be convened by the administrator at least once a year. (2) The house owner's assembly must be appointed by the liquidator in the cases determined by the agreement of the owner of the apartment, and in the other cases (3) If a liquidator is not responsible for the purpose and the reasons for more than a quarter of the owner of the apartment, he or she refuses to do so, or if he refuses to do so, the assembly of the owner of the apartment is not , the Assembly may also, if an Administrative Advisory Board is appointed, (4) The convocation shall be made in the form of a text. The time limit for the convocation shall be at least two weeks, unless a case of particular urgency is present. (5) The Presidency of the Housing Assembly shall, unless otherwise decided, shall lead the administrator. (6) On the The decisions taken shall be recorded in a minutes. The minutes are to be signed by the chairman and a homeowner, and, if an administrative advisory board is appointed, also by its chairman or his representative. Each apartment owner is entitled to see the minutes. (7) A decision collection is to be carried out. The decision-collection contains only the text

1.

the decisions announced in the Assembly of Housing Owners, indicating the place and date of the Assembly,

2.

the written decisions specifying the place and date of the delivery; and

3.

judgment of the judicial decisions in proceedings pursuant to Section 43, indicating their date, the Court of First Instance and the parties,

insofar as these decisions and judicial decisions have been taken after 1 July 2007. Decisions and judicial decisions must be continuously entered and numbered. If they have been challenged or rescinded, this is to be noted. In the event of a cancellation, an annotation may be deleted and the entry may be deleted. An entry can also be deleted if it no longer has any meaning for the apartment owners for another reason. The entries, endorsements and deletions referred to in sentences 3 to 6 shall be dealt with immediately and provided with a date. A dwelling owner or a third party who has authorized an owner of the apartment is to be included in the decision collection at his request. (8) The decision-collection shall be led by the administrator. If a liquidator is missing, the chairman of the house owner's assembly shall be obliged to carry out the decision collection, provided that the owner of the apartment has not appointed any other person for this task by majority of votes. Unofficial table of contents

Section 25 Majority decision

(1) The provisions of paragraphs 2 to 5 shall apply to the decision-making in matters on which the owner of the apartment decides by majority of votes. (2) Each owner of the apartment shall have one vote. Where a property is more than one in common, it can only exercise the right to vote in a uniform manner. (3) The assembly is only quorum if the approved residential property owners have more than half of the Share ownership, calculated on the basis of the size of these shares entered in the land register. (4) If a meeting is not quorum in accordance with paragraph 3, the liquidator shall convene a new assembly with the same subject-matter. This meeting shall be quorum regardless of the amount of the shares represented and shall be pointed out in the case of the convocation. (5) A homeowner shall not be entitled to vote if the decision to take a decision on the administration of the shares is not In the case of legal transactions involving him or her, or the initiation or execution of a dispute between the other owners of the property, or if he is finally convicted in accordance with Section 18 of this Directive. Unofficial table of contents

§ 26 Order and dismise of the administrator

(1) The property owners decide on the appointment and dismise of the liquidator with a majority of votes. The order may be made up to a maximum of five years, but in the case of the first order, after the creation of a home ownership, however, to a maximum of three years. The convocation of the administrator can be limited to the existence of an important reason. An important reason for this is regularly provided that the liquidator does not carry out the decision collection in an orderly way. Other restrictions on the appointment or removal of the liquidator are not allowed. (2) The repeated order is admissible; it requires a new decision of the apartment owners, the earliest one year before the expiry of the order time (3) In so far as the liquidator property has to be proved by a publicly certified document, it is sufficient to submit a copy of the order for the order in which the signatures of the documents referred to in § 24 (6) are required. Persons are publicly certified. Unofficial table of contents

§ 27 Tasks and powers of the liquidator

(1) The liquidator is entitled and obliged to the property owners and to the community of the owner of the apartment,

1.

to implement decisions of the homeowners and to ensure the implementation of the house rules;

2.

to take the necessary measures for the proper maintenance and repair of Community ownership;

3.

in urgent cases, to take other measures necessary for the maintenance of Community ownership;

4.

To request, to receive and to take charge of expenses and costs, repayment amounts and mortgage rates, to the extent that they are Community matters of the owner of the apartment;

5.

to bring about and receive all payments and services related to the day-to-day management of Community ownership;

6.

to administer the funds received;

7.

inform the owner of the property without delay that a legal dispute is pending in accordance with section 43;

8.

to make the statements necessary to take the measures referred to in Article 21 (5) (6).

(2) The liquidator shall be entitled, on behalf of all apartment owners and with effect for and against them

1.

to receive information and statements of will, as far as they are addressed to all the property owners in this property;

2.

to take measures which are necessary for the protection of a period of time or for the purpose of wasting another legal disadvantage, in particular a dispute directed against the owner of the property in accordance with Section 43 (1), (4) or (5) in the knowledge-and carry out enforcement procedures;

3.

to assert claims in court and out of court, provided that he is authorized to do so by means of an agreement or a decision with the majority of the owner of the housing;

4.

agree with a lawyer on the basis of a legal dispute pursuant to § 43 No. 1, No. 4 or No. 5 that the fees are based on a higher than the legal force, at the most according to § 49a (1) sentence 1 of the Law on Legal Costors the value of the dispute.

(3) The liquidator shall be entitled, on behalf of the Community, to the property owners and with effect for and against them

1.

To receive declarations and statements of will;

2.

to take measures which are necessary for the protection of a period of time or for the purpose of wasting any other legal disadvantage, in particular a dispute against the Community pursuant to Section 43 (2) or (5) in recognition of the law; and carry out enforcement procedures;

3.

to take the ongoing measures of the necessary regulatory maintenance and repair referred to in paragraph 1 (2);

4.

the measures referred to in paragraphs 1 (3) to (5) and (8);

5.

in the context of the management of the funds collected in accordance with paragraph 1 (6), accounts;

6.

agree with a lawyer in accordance with paragraph 2 (4) for a lawsuit in accordance with Section 43 (2) or (5);

7.

other legal transactions and legal acts, insofar as it is authorized to do so by agreement or decision of the owner of the housing by a majority of votes.

If a liquidator is missing or is not authorized to represent, all the property owners shall represent the Community. Property owners may, by decision by majority of votes, authorize one or more property owners to represent them. (4) The tasks and powers conferred on the liquidator pursuant to paragraphs 1 to 3 may be determined by agreement of the Property owners are not restricted or excluded. (5) The liquidator is obliged to keep the funds collected from his property separately. The disposal of such funds may be made conditional upon agreement or decision of the owner of the apartment with majority of votes of the consent of a housing owner or a third party. (6) The custodian may be from the property owners require the issuance of a certificate of attortion and authorisation, which shows the extent of the power of representation. Unofficial table of contents

Section 28 Economic plan, accounting

(1) The liquidator shall draw up an economic plan for each calendar year. The economic plan shall include:

1.

the estimated revenue and expenditure incurred in the management of Community property;

2.

the apportioning obligation of the owner of the housing to bear the burden and cost;

3.

the contribution of the owner of the apartment to the maintenance reserve provided for in § 21 (5) (4).

(2) The owner of the apartment shall be obliged to make the necessary advance payments on demand by the manager. (3) After the end of the calendar year the liquidator shall draw up a settlement. (4) The owner of the apartment shall be responsible for the settlement of the property. by majority decision may be required at any time by the liquidator. (5) On the economic plan, the accounting and the accounting of the liquidator, the owner of the apartment shall decide by majority of votes. Unofficial table of contents

Section 29 Administrative Board

(1) Housing owners may, by majority vote, decide to appoint a Management Advisory Board. The Administrative Advisory Board consists of an owner of the apartment as chairman and two other owners of the property as co-owners. (2) The Administrative Advisory Board assists the administrator in carrying out his/her tasks. (3) The economic plan, which is Accounting for the economic plan, financial statements and cost estimates shall be examined by the Administrative Advisory Board and provided with the opinion of the Board of Directors before deciding on them. (4) The Administrative Advisory Board shall be informed by convened as required by the Chairman.

Section 4
Housing inheritance law

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§ 30

(1) If a right of inheritance is to be carried out in accordance with a number of common interests, the shares may be limited in such a way that each of the persons entitled to participate shall have the special ownership of a particular dwelling or of certain non-residential buildings. (2) A heirloom may share the right of inheritance in the appropriate application of § 8. (3) For each share it will be possible to use the building rights of the building. put on a special hereditary building land book (Wohnungserbbaugrundbuch, Part Bbaugrundbuch). In other respects, the provisions relating to residential property (partial building law) apply accordingly to the housing rights of the housing (partial building law).

II. Part
Permanent residence

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Section 31 Definitions

(1) A plot of land may be burdened in such a way that the person in charge of his property is entitled to a particular dwelling in a building erected or to be erected on the property, excluding the owner. inhabit or otherwise use (permanent residence). The permanent residence can be extended to a part of the property situated outside the building, provided that the apartment remains the main business. (2) A plot of land can be burdened in such a way that the person in charge of his/her property is Under the exclusion of the owner, there is a right to use certain rooms not intended for residential purposes in a building erected or erected on the property (permanent use right). (3) The law applicable to the permanent use of the building is subject to the following conditions: Provisions relating to permanent residence accordingly. Unofficial table of contents

Section 32 Conditions of registration

(1) The permanent residence right shall be ordered only if the dwelling is completed in itself. (2) For the more detailed description of the subject matter and the content of the permanent residence permit, reference may be made to the entry permit. The entry permit shall be attached as annexes:

1.

a construction drawing provided by the building authority with signature and seal or stamp, showing the division of the building and the location and size of the building and land parts subject to permanent residence (the allocation plan); all single rooms belonging to the same permanent residence are to be marked with the same number;

2.

a certificate issued by the building authority that the conditions set out in paragraph 1 are met.

If numbers are given in the entry permit for each permanent residence, they shall be identical to those of the allocation plan. The national governments can determine by means of a legal regulation that, and in which cases the allocation plan (sentence 2 no. 1) and the seclusion (sentence 2 no. 2) take place by a publicly appointed or recognised expert for the construction sector shall be prepared and certified by the building authority. If these tasks are carried out by the expert, the provisions of the General Administrative Procedure for the issuing of certificates in accordance with § 7 (4) (2) and § 32 (2) (2) of the Housing Property Act of 19 March 1974 (BAnz. No 58 of 23 March 1974). In this case, the annexes do not require the form of § 29 of the basic book order. The Land Governments can transfer the authorization to the Land Construction Administrations by means of a decree law. (3) The Land Registry shall refuse the registration of the permanent residence if the matters referred to in § 33 (4) (1) to (4), No agreements have been reached on the conditions of the right to return to the home (section 36 (1)) and on the compensation for the home case (§ 36 (4)). Unofficial table of contents

Section 33 Contents of the permanent residence

(1) The permanent residence is divestite and hereditary. It is not possible to order under one condition. (2) In the case of permanent residence, unless otherwise agreed, the provisions of § 14 shall apply mutagentily. (3) The person entitled to use may be entitled to the Community use. Use of parts, facilities and facilities of the building and property, unless otherwise agreed. (4) As the content of the permanent residence agreement, agreements can be made on:

1.

the nature and extent of the benefits;

2.

maintenance and repair of the parts of the building subject to permanent housing;

3.

the duty of the person entitled to carry out the public or private-law burden of the land;

4.

the insurance of the building and its reconstruction in the event of destruction;

5.

the right of the owner to require security in the event of certain conditions.

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§ 34 Claims of the owner and of the permanent residents

(1) The compensation claims of the owner for changes or deterioration as well as the claims of the permanent residents for the replacement of uses or for the design of the removal of a facility are the § § 1049, 1057 of the (2) If permanent residence is affected, the rights of the beneficiary shall be subject to the provisions applicable to the claims arising from the ownership of the property. Unofficial table of contents

§ 35 Restriction of divestment

As the content of the permanent housing law it can be agreed that the person entitled to the sale of the permanent residence requirement requires the consent of the owner or a third party. In this case, the provisions of § 12 shall apply accordingly. Unofficial table of contents

§ 36 Home-case claim

(1) The content of the permanent residence may be agreed that the holder is obliged to transfer the permanent residence on the entry of certain conditions to the property owner or to a third party to be recorded by the property owner. (Heimfallclaim). The right to a home fall cannot be separated from the property on the property. (2) If the permanent residence is to rooms that are subject to the tenants ' protection, the owner can only make use of the right to use the property if there is a reason for the property. from which a landlord may request or terminate the termination of the tenancy. (3) The claim for a home fall shall be statute-barred in six months from the date on which the owner becomes aware of the entry of the conditions, without Consideration of this knowledge in two years from the entry of the conditions to. (4) As The contents of the permanent residence permit may be agreed upon, that the owner has to grant compensation to the person entitled to compensation if he makes use of the right of use of the home. As the content of the permanent residence, agreements may be made on the calculation or amount of the compensation or on the nature of their payment. Unofficial table of contents

§ 37 Rental

(1) If the permanent resident has leased or leased the building or property parts subject to permanent residence, the rent or lease shall be issued if the permanent residence is issued. (2) Power of the proprietor of his or her own property shall be granted by the person concerned. In the event of a claim to the property, he or he shall enter the tenancy or lease relationship to which the permanent residence is to be transferred; the provisions of § § 566 to 566e of the Civil Code shall apply accordingly. (3) Paragraph 2 shall apply accordingly, when the permanent residence is sold. If permanent residence is sold by means of foreclosure, the acquirer is entitled to a right of dismissal in the appropriate application of § 57a of the law on forced auction and the forced administration. Unofficial table of contents

§ 38 Entry into the legal relationship

(1) If the permanent residence is sold, the transferee shall enter in the place of the transferor into the obligations resulting from the legal relationship with the owner during the period of his entitlement. (2) If the property is sold, then the transferee shall enter the place of the owner. the acquirer in place of the transferor in the rights arising from the legal relationship with the permanent resident during the period of its ownership. The same applies to the acquisition on the basis of a surcharge in the forced auction, if the permanent residence is not ripped by the surcharge. Unofficial table of contents

§ 39 Forced auction

(1) As the content of the permanent housing law it can be agreed that, in the case of the forced auction of the property, the permanent residence law shall continue to exist, by way of derogation from § 44 of the law on forced auction and the forced administration, even then. if the creditor of a mortgage, basic debt, pension liability or reallast, which is preceding or equal to the permanent residence in the range, operates the forced auction in the property. (2) An agreement as referred to in paragraph 1 shall be subject to the effectiveness of the Consent of those who have a right of permanent residence in the range or (3) An agreement referred to in paragraph 1 shall be effective only in the event that the permanent resident is due at the time of the determination of the conditions of auctioning. In addition to an agreement in accordance with paragraph 1, it may be agreed that the continued existence of the permanent residence shall be subject to the existence of further conditions. Unofficial table of contents

§ 40 Liability of the pay

(1) Mortgages, basic debt, pension liabilities and real burdens which are or are equivalent to the permanent residence in the range, as well as public burdens which exist in recurring benefits, shall cover the right to pay for the Permanent residence in the same way as for a tenancy request, unless otherwise specified in paragraph 2. In addition, the rules applicable to rental requirements are not to be applied accordingly. (2) As the content of the permanent residence, it can be agreed that dispositions on the right to pay should be provided in the case of recurrent benefits. shall be effective against the creditor of a mortgage, basic debt, pension debt or reallast which is in the range of a permanent residence in the range. Article 39 (2) shall apply mutatily to such an agreement. Unofficial table of contents

Section 41 Special provisions for long-term permanent housing rights

(1) The special provisions of paragraphs 2 and 3 shall apply to permanent residence rights granted for an unlimited period of time or for a period of more than ten years. (2) The owner shall be the owner, unless otherwise agreed, to the Persons entitled to permanent residence shall be obliged to delete a mortgage in the range preceding or equal to the permanent residence in the event that they are combined with the property in one person, and the registration of a corresponding one of the same (3) The owner is obliged to give the Permanent residents shall provide appropriate compensation if they make use of the right to use the home. Unofficial table of contents

§ 42 Load of an inheritance law

(1) The provisions of § § 31 to 41 shall apply mutas to the burden of inheritance law with a permanent residence. (2) In the case of the home fall of the inheritance law, the permanent housing law shall remain.

III. Part
Procedural rules

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Section 43 Jurisdiction

The court, in whose district the property is located, is solely responsible for

1.

Disputes relating to the rights and obligations of the owner of the housing resulting from the Community of property owners and the management of Community property;

2.

Disputes concerning the rights and obligations between the Community of homeowners and housing owners;

3.

Disputes concerning the rights and obligations of the liquidator in the management of Community property;

4.

Disputes concerning the validity of decisions of the owner of the housing;

5.

Actions taken by third parties against the Community of property owners or property owners and relating to the Community property, its administration or the special ownership;

6.

Mahnprocedure, if the community is the owner of the apartment. In this respect, Section 689 (2) of the Code of Civil Procedure is not applicable.

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Section 44 Designation of property owners in the application

(1) Where the action is brought by or against all the property owners, with the exception of the opponent, the specific indication of the Community land shall be sufficient for the description in the application of the application; if the owner of the property is defendant, In addition, the liquidator and the replacement delivery agent ordered pursuant to section 45 (2) sentence 1 shall be designated in the application. The name of the owner of the apartment shall be given at the latest by the end of the oral proceedings. (2) If all the owner of the apartment is not involved in the dispute as a party, then the remaining property owners shall be required to: (1) shall be designated by the applicant. The name of the other owner of the apartment does not need to be named after the court, in accordance with Section 48 (1) sentence 1, disregards the consignment in question. Unofficial table of contents

Section 45 Delivery

(1) The liquidator shall be the delivery agent of the owner of the apartment if such defendant or pursuant to § 48 (1) sentence 1 are to be annexed, unless he or she is involved in the proceedings as an opponent of the owner of the apartment or on the basis of the (2) In the event that the liquidator is excluded as a delivery agent, the owner of the property shall not inform the owner of the property in a proper way by decision of the owner. the majority of votes to appoint a replacement representative and its representative, even if a Lawsuit is not yet pending. The replacement delivery representative shall enter the duties and powers conferred on the administrator as the delivery agent of the homeowners, provided that the court orders the service to him; paragraph 1 shall apply accordingly. (3) Have the In accordance with the provisions of paragraphs 1 and 2, home owners do not order a replacement delivery agent or if they cannot execute the service in accordance with paragraphs 1 and 2 for any other reason, the court may appoint a substitute delivery agent. Unofficial table of contents

Section 46 Avoidance action

(1) The lawsuit of one or more apartment owners for explanation of the invalidity of a decision of the apartment owners is against the remaining property owners and the administrator's lawsuit is to be directed against the apartment owners. It must be collected within one month of the decision-making process and must be justified within two months of the decision being taken. § § 233 to 238 of the Code of Civil Procedure shall apply accordingly. (2) If the plaintiff has overlooked a fact from which it appears that the decision is void, the court shall draw attention to it. Unofficial table of contents

§ 47 Process Connection

Several processes in which lawsuits are brought to an explanation or determination of the invalidity of the same decision by the owner of the apartment are to be linked to the simultaneous negotiation and decision. The connection has the effect that the plaintiffs of the previously independent processes are to be considered as contenters. Unofficial table of contents

Section 48 Advisory charge, effect of the judgment

(1) In the case of an owner of a housing who, in a dispute pursuant to Section 43 (1) or (3), claims a claim which is solely entitled to him, only against one or the individual owner of the apartment or only against the liquidator, the court and to invite other owners of the property, unless their legal interests are discernable. If the liquidator is not party in a dispute pursuant to Section 43 (3) or (4) of the liquidator, he is also to be settled. (2) The summons shall be effected by service of the application, which shall be accompanied by the provisions of the Chairman. The inviters may join one or the other party for their support. If an accutable owner of the house sells his or her property during the trial, § 265 (2) of the Code of Civil Procedure shall be applied accordingly. (3) In addition to the effects laid down in § 325 of the Code of Civil Procedure, the Final judgment also for and against all accuded apartment owners and their legal successor as well as the supercharged custodian. (4) If the verdict dismissed an action of appeal as unfounded, no longer can be asserted the decision shall be null and void. Unofficial table of contents

Section 49 Codecision

(1) If it is decided at reasonable discretion in accordance with Section 21 (8), the process costs may also be distributed at a reasonable discretion. (2) The liquidator may be subject to legal costs, in so far as the activity of the court has been initiated by him. and he is guilty of gross negligence, even if he is not a party to the lawsuit. Unofficial table of contents

§ 50 Reimbursement of expenses

The property owners are to reimburse only the costs of an authorised attorney, if not for reasons connected with the subject of the dispute, than the costs necessary for the purpose of legal proceedings or defence. , a representative was offered by several authorised attorneys. Unofficial table of contents

§ § 51 and 52 (omitted)

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§ § 53 to 58 (omitted)

IV. Part
Additional provisions

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§ 59 (omitted)

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§ 60 (omitted)

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Section 61

In the absence of a consent required in accordance with Section 12, the sale and the underlying undertaking shall be effective, without prejudice to the other conditions, if the registration of the sale or of a notice of injunction in the The basic ledger was carried out before 15 January 1994 and is the first sale of this property on the basis of its explanatory statement, unless a final judgment is contrary to a court order. In such cases, the absence of consent shall not preclude the entry into force of the legal consequences of Section 878 of the Civil Code. Sentences 1 and 2 shall apply accordingly in the cases of § § 30 and 35 of the Housing Property Act. Unofficial table of contents

Section 62 Transitional provision

(1) For cases pending before the Court of First Instance on 1 July 2007 in the case of home ownership or forced ascendant matters or for the voluntary auctioning applied to a notary, the provisions of Articles 1 and 2 of the Law of 26 March 2007 shall apply. (BGBl. 370), as amended by the III. (2) In the case of property matters pursuant to § 43 (1) to (4), the provisions relating to the law of the law on forced auction and the administration of forced labour shall continue to be applied. Non-approval (§ 543 (1) No. 2, § 544 of the Code of Civil Procedure) no application, in so far as the decision to be contested has been announced before 31 December 2015. Unofficial table of contents

Section 63 Management of existing legal relationships

(1) Where legal relationships with which a legal success corresponds to the legal forms created by this Act are converted into such legal forms, the value of the business value for the calculation of the fees paid shall be: the courts and notaries, in the case of home ownership, a twenty-fifth of the unit value of the land, in the case of the permanent residence a twenty-fifth of the value of the right to be accepted. (2) (3) By the law of the State, provisions may be Transfer of existing legal relationships based on state law into the legal forms created by this law. Unofficial table of contents

Section 64 Entry into force

This law shall enter into force on the day after it is announced.