Trembling resolution in the German residential property law a resolution of the owners is called, whom these seize in consciousness that the resolution illegally actual and in hope that he is not contested before court.

After German right a resolution can be contested only within a monthly before court ("§ 23 paragraph 4 residential property law). If the resolution from lack of interest or from cost reasons is not contested within this period, it is effective, even if it is illegal. So long the owners (anyhow their terminal majority) and the manager must tremble. Afterwards they can convert the resolution heedlessly.

The trembling resolutions had boom for a while, because the iurisdiction of the Federal High Court (BGH) accepted also such resolutions, which anmassten themselves, the regulation of law, or another agreement, which all owners had met together to change. The need for such a change was often large, because the sketched by notaries or lawyers were not adapted to the special conditions of the community. In particular frequently the regulations were amended over the cost allocation (operating cost, maintenance cost etc.), because they were not meaningful according to opinion of the majority.

With resolution from 20 September 2000 the Federal High Court changed its iurisdiction however and in most cases prevented thus the practice of illegal trembling resolutions. The BGH represents now the view that resolutions, law, want to amend those or another agreement, is futile. Because an agreement can be changed also only by an agreement. For an agreement rich however no majority decision and also no unanimous resolution, if not all owners are present. Rather all owners would have to agree. The meeting of the owners has thus no authority to amend the "Basic Law" to the owner community by resolution. The practical consequence is that owners, who do not agree with the resolution can still contest these also at expiration of a monthly. The managers of a are forced all in the past seized resolutions, to examine thereupon whether the law, the or otherwise an agreement should be amended. In these cases they have to inform the owners and suggest a reorganization.

Not all trembling resolutions are futile thereby. If their illegality had another reason, in particular that the fact that they offended against a law or an agreement but these for the future to change did not want, then it gives no doubt to the owner meeting at the authority to seize a resolution. Above all yearly accounts, which are based on a cost allocation key changed to injustice, remain valid despite their illegality. Because these accounts offended now against the law or an agreement, measured however not on to want to amend these standards also for the future.

Articles in category "Trembling resolution"

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