In the future, owners’ meetings may also be held purely online if this is decided in the condominium owners’ association with three quarters of the votes cast. A corresponding amendment to the law, which the Bundestag passed in July, was approved by the Bundesrat on 27 September 2024.
The COVID-19 pandemic has changed many aspects of daily life, including the way homeowners’ meetings are held. According to the previous legal situation, owners’ meetings can only take place as a video conference if all owners have agreed to do so. Otherwise, they will take place in presence or in hybrid form. In the future, owners’ meetings may also be held purely online if this is decided in the condominium owners’ association with three quarters of the votes cast. A corresponding amendment to the law, which the Bundestag passed in July, was approved by the Bundesrat on 27 September 2024.
The amendments and additions to the Condominium Act (WEG) through the Act on the Approval of Virtual Condominium Owners’ Meetings create the legal framework for holding virtual meetings. Here are the main standards that will be amended or supplemented by the law:
- The option of enabling online participation in face-to-face meetings (“hybrid condominium owners’ meetings”), which already existed under Section 23 (1) sentence 2 WEG, remains unchanged. In accordance with the newly introduced Section 23 (1a) WEG, apartment owners will have the choice of holding owners’ meetings in person, hybrid or purely virtually. However, the virtual assembly must be comparable to a face-to-face meeting in terms of participation and the exercise of rights.
- Despite the new possibilities, there will probably still be some face-to-face meetings. Apartment owners who pass a resolution on the virtual meeting by the end of 2027 must hold a face-to-face meeting at least once a year up to and including 2028; however, this can be waived by unanimous decision, see § 48 para. 6 WEG. The transitional provision does not cover resolutions that are already based on an agreement of all apartment owners before the new regulation.
The new law, whose full name is “Act on the Approval of Virtual Apartment Owners’ Meetings, on the Facilitation of the Use of Plug-in Solar Devices and on the Transferability of Limited Personal Easements for Renewable Energy Plants”, provides not only for the regulation of online owners’ meetings just explained, but also provides for tenants and apartment owners to be able to install plug-in solar devices, so-called balcony power plants, more easily: Plug-in solar devices are included in the list of structural changes privileged under § 20.2 of the WEG to which apartment owners are entitled. In tenancy law, Section 554 (1) of the German Civil Code (BGB) supplements the list of structural measures to which tenants are entitled to be permitted.
Practical note
This legal innovation brings both advantages and challenges.
A key benefit of virtual meetings is increased flexibility and easier access to meetings. Owners who cannot be physically present for professional or personal reasons now have the opportunity to participate online. This can increase the participation and engagement of the community of owners as a whole. In addition, virtual meetings can be more cost-effective because there are no expenses for room rental, food, or travel expenses.
Another plus point is the time saved. Virtual meetings can be more efficient because they are often more structured and offer less space for informal conversations. This can help make decisions faster and make meetings shorter overall.
Despite these benefits, there are also significant challenges. Technical problems are one of the biggest hurdles. Not all owners have the necessary technical equipment or know-how to participate in virtual meetings. This can lead to a digital divide within the community of owners and exclude certain members.
Another problem is the legal certainty and binding nature of the resolutions taken in virtual meetings. Although the law on the approval of virtual homeowners’ meetings creates the legal basis for admissibility, the question of verifiability and documentation of votes and resolutions remains critical. Clear regulations and technical solutions must be found here to ensure the integrity of the voting process.
Overall, the law on the approval of virtual homeowners’ meetings represents an important contemporary adaptation to modern communication possibilities and offers a flexible alternative to traditional face-to-face meetings. It creates legal clarity and defines the framework conditions under which virtual meetings can take place. At the same time, it ensures that the rights and obligations of the apartment owners are preserved. Successful implementation therefore requires both technical and organisational measures to ensure that all owners can participate on an equal footing and that the decisions are legally binding.
