AG Hamburg declares resolution on amendment of the distribution key void

Case law update – recent decision on condominium ownership law

The District Court Hamburg rightly declared a resolution with the wording: “The distribution key shall be amended by residential units in the future” void due to its lack of specificity, because it neither determines the effective date of the provision nor makes clear which distribution keys are intended. Although § 16 para. 2 sentence 2 WEG has permitted the general amendment of individual distribution keys since the legislative reform, these must be listed individually and exhaustively in the respective resolution.
Regarding this court decision, Attorney at Law Luzia Hilmer (née Traut) of KFR Kanzlei für Real Estate has written a commentary in the Journal for Condominium Ownership Law (ZWE 2023, 282).
In this commentary, in addition to the assessment of the judgment of the District Court Hamburg, it is examined in particular what options the owners have for amending the distribution key and whether a validity-preserving reduction of condominium owners’ resolutions would generally be possible.
The complete commentary can be found in the Journal for Condominium Ownership Law, issue 7-8/2023, p. 282 ff.
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