Forfeiture of condominium ownership: A serious step with legal hurdles

What does the forfeiture of condominium ownership mean?

The forfeiture of condominium ownership means that an owner can have their property taken away against their will. This drastic measure is regulated in the Condominium Act (WEG) and can only be applied under very specific conditions and as a last resort. The aim is to protect the community of condominium owners from serious violations by an owner.

Legal Basis and Requirements

The legal basis for the forfeiture of condominium ownership is found in § 18 WEG. Forfeiture can only occur if an owner violates their obligations to such an extent that the continuation of the community with them cannot be reasonably expected by the other owners. Typical reasons may include repeated, significant disturbances of domestic peace or neglect of maintenance obligations with serious consequences for the common property.

Procedure and Judicial Decision

• Condominium Owners' Meeting: Initially, the condominium owners' meeting must resolve, by a qualified majority, to initiate a forfeiture procedure against the relevant owner.

• Judicial Procedure: Subsequently, the forfeiture of condominium ownership must be claimed in court. The court examines the situation in detail and decides whether the prerequisites for forfeiture are met.

• Compensation Payment: In the event of a successful forfeiture procedure, the affected party must be paid appropriate compensation for the loss of ownership.

Implications for Owners and Communities

The forfeiture of condominium ownership is a far-reaching intervention in the rights of the owner and is therefore strictly enforced by the courts. For the community of owners, the successful conclusion of such a procedure often means the end of a long-lasting burden. At the same time, the process presents a significant challenge and requires careful preparation and presentation of evidence.

Conclusion

The forfeiture of condominium ownership is an extremely serious step that should only be considered under strict conditions and as a last resort. Hochheiden Property Management recommends exhausting all other available means and seeking an amicable solution in cases of serious violations by an owner. However, if no other solution is possible, we are here to assist you with our expertise in guiding you through this complex process.

Are you facing challenges with a condominium owner or do you need assistance in managing your community of owners? Contact us – we are here to help you with our experience and expertise.