Synopse of the law for the change of the residential property law in the Internet

Attorney Peter Hesse (openPR) - the Bundestag adopted novella of the residential property law (WAY) to 14.12.2006.

Quintessential points of the way novella are the easement with the administration of free-hold flats, which strengthened permission of majority decisions of the residential properties and the adjustment of the turning away procedure to the judicial code (ZPO).

Attorney Peter Hesse, Wohnungseigentumsrechtler with FUEL CORNER & PARTNER nearly the substantial changes together:

Within many ranges, within which a change was possible by unanimous resolutions only, the way novella plans the permission of majority decisions. That applies for example to the distribution of operating and administratives expense. Thus the residential properties are to be able themselves to put a yardstick at the basis, which is adapted to individual consumption. The moreover one the residential properties may deviate now with the reallocation from costs of maintenance or other construction measure on the basis of a majority decision from the legal distribution to co-ownership portions. To the conception of the legislator it is to come by this possibility to fairer results, since it is to depend on the use for the individual joint owners. Qualified majority decisions (3/4 majority) in addition should be possible with the adjustment of the joint property to the state of the art (e.g. the installation of a new heating system).

The manager is to put on in the future a generally observable resolution collection, so that the residential properties and the prospective buyers of a dwelling can inform about contents of the current resolutions of the community.

The way novella grants a limited privilege before mortgage liens to the demands for rent subsidy of the residential properties in the auction by order of the court. Thus the position of the residential properties is to be strengthened, if they make in relation to demands insolvent or payment-indignant residential properties valid.

The way novella standardizes beyond that the adhesion of the individual owner for demands third against the Wohnungseigentümergemeinschaft. With this regulation to the newer BGH iurisdiction one reacted, in which the partial legal capacity of the community of the residential properties was determined. The adhesion of the residential properties in the external relationship is to limit itself however on the respective, from the land register for resulting in co-ownership portion.

The procedure in way things was led so far according to the rules of the Freiwilligen jurisdiction (FGG). Now this procedure is to depend on the regulations of the ZPO.

In order to make a fast overview of the reorganizations for WAY possible, has the over-local law office FUELHIT A CORNER & on their homepage under www.BRENNECKE-PARTNER.de under legal texts/residential property law a graphically prepared Synopse available of the adopted law of the federal daily to the change of the residential property law of 14.12.2006 in tabular form placed PARTNERS. All changes of text were represented colored (red). All substantial changes are provided with a note of attorney Peter Hesse.

Press contact:

FUEL CORNER & PARTNER - attorneys
Press speaker: RA Marc Y. moving lives
Göttinger Chaussee 115
30459 Hanover
Tel. 0511/260 918 - 0
Fax. 0511/260 918,-10
E-Mail: presse@brennecke-partner.de
homepage: www.BRENNECKE-PARTNER.de

Kanzleiportrait:

FUEL CORNER & PARTNER advises as Mittelstandskanzlei enterprise of each size as well as private people in almost all questions of the commercial law. With at present 12 locations specialists advise the mandator locally. They refer the closely networked specialists from other locations with questions from other right areas also. Co-operation partners in many European countries round the consulting offer for the internationally aligned entrepreneur off.

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