Privileged Structural Alterations: A Guide for Homeowner Associations

What are privileged structural alterations?

Privileged structural alterations are measures that, under certain conditions, allow an owner to make changes to the common property or individual property without having to obtain the otherwise required consent of all co-owners. These exceptions are intended to enable the adaptation of the property to modern standards or to improve accessibility and energy efficiency without needing a unanimous decision for each measure.

Requirements for privileged structural alterations

The Condominium Act (WEG) defines precise conditions under which privileged structural alterations are possible. These include measures that:

• Serve to improve general utility values

• Increase accessibility

• Enhance energy efficiency or the utility value of the property

• Improve burglary protection

These measures can generally be implemented without the consent of all owners, provided they do not alter the external appearance of the building or cause other owners an undue disadvantage beyond what is reasonable.

Implementation of privileged structural alterations

The implementation of privileged structural alterations requires careful planning and communication within the homeowner association:

• Application: The owner wishing to make a change should submit a detailed application to the property management or administrator, describing the planned measure precisely.

• Resolution: Although the consent of all owners is not required, a vote on the measure is usually held at the general meeting of owners. A simple majority of the votes cast is sufficient.

• Professional Execution: The structural alterations must be carried out professionally and in compliance with all relevant legal regulations.

• Cost Allocation: Typically, the owner initiating the alteration bears the costs. Exceptions may apply if the measure serves a general interest.

Significance for homeowner associations

Privileged structural alterations offer owners the opportunity to improve their living situation and that of their fellow residents without having to overcome extensive bureaucratic hurdles. They promote the modernization and adaptation of properties to current standards and needs. At the same time, it is important that these changes are made in the interest of the community and with consideration for the rights of all owners.

Conclusion

Privileged structural alterations are an important mechanism to enable flexibility and progress in homeowner associations. However, they require responsible handling to safeguard the interests of all parties involved. At Hochheiden Property Management, we offer expertise.