The Declaration of Division: Key Document for Condominium Ownership

What is a declaration of division?

The declaration of division is a legal document created when converting a property into condominium ownership. It defines the division of ownership into individual units of special ownership (e.g., apartments) and common property (e.g., stairwells, outdoor areas). Additionally, the declaration of division regulates the rights and obligations of the owners, the use of common property, and often includes a community order that organizes communal living within the owner community.

Significance of the declaration of division

The declaration of division is the central document for understanding and providing the legal basis for condominium ownership. It has binding effects on all current and future property owners and is therefore of great importance for:

• The distinction between special ownership and common ownership: It precisely defines which part of the property belongs exclusively to an owner and which part is shared by the owner community.

• Regulating communal living: The community order organizes communal living and the management of the owner community.

• Property management: It provides the legal basis for property management, including the implementation of maintenance and repair measures.

Key contents of a declaration of division

• Description of special ownership and common ownership: This includes detailed information about the location and size of each unit and the commonly used property.

• Usage rights: Specific usage rights or restrictions for special ownership and common ownership are established here.

• Distribution key for operating costs: The declaration of division determines the key by which operating costs and expenses are allocated to individual owners.

• Voting rights and majority ratios: It defines how voting rights are distributed in the owner assembly and how votes are cast.

Tips for owners and prospective buyers

• Thorough examination: Before purchasing a condominium, you should carefully review the declaration of division to understand precisely the rights and obligations associated with it.

• Seek advice: In case of uncertainties or specific questions, it is advisable to seek advice from a specialist lawyer in real estate law.

• Note updates: Changes in the declaration of division require the approval of the owner community and should be noted by all owners.

Conclusion

The declaration of division is a fundamental document for every condominium owner and forms the basis for understanding and managing condominium ownership. A thorough examination of this document is crucial to know your rights and obligations as an owner and to promote harmonious communal living within the owner community.

Do you have questions about the declaration of division or need assistance in managing your owner community? Hochheiden Property Management is here to support you with extensive expertise and personal commitment. Contact us – we are happy to assist you.