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The maintenance reserve is regulated in "§ 21 exp. 5 No. 4 residential property law (WAY). Afterwards it concerns the prescribed accumulation of an appropriate sum of money, from which necessary repair and maintenance, if necessary also the modernizing repair are in the future financed, at the joint property.
The accumulation of an appropriate maintenance reserve belongs to a normal administration, which can be required each residential properties and implemented if necessary even judicially. The administration of the maintenance reserve is incumbent on usually the manager. A withdrawal from the maintenance reserve is exclusively permissible for repair and maintenance measures of the joint property. Only the employment with short term for running costs is permissible. The maintenance reserve belonged to the Gemeinschaftseigentum and is not disbursed with sales of the dwelling. The height of the monthly contributions to the maintenance reserve are to be specified in the economic plan and be decided by the majority in the
It is proportionately applied by all joint owners. The distributor orients itself at the co-ownership portion, if nothing else is agreed upon in the Frequently as distributor the size of the individual dwellings is taken there in square meters.
An estimation of the entire maintenance cost for the Gemeinschaftseigentum, which can be expected, can be made e.g. by means of the Peter formula. The formula is suitable however only for older plants. According to a rough rule of thumb professional association for residential property managers is appropriate with new installations an annual assignment to the maintenance reserve from 0,8 to 1.0% of the purchase price starting from completion of building.
The house supervisor is obligated after "§ 27 exp. 4 WAY, the joint funds, thus also the maintenance reserve to keep separate from his fortune to. This is important if the manager insolvency requested and so that these funds do not flow into the insolvency mass, but remain preserved for the
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