- The German Condominium Act distinguishes between "maintenance measures" (Erhaltungsma?nahmen) and "structural changes" (bauliche Ver?nderungen).
- Maintenance measures include both maintenance (maintenance work) and repair (repairs). The aim is to maintain, preserve or restore an orderly condition, e.g. repairing a defective roof or replacing an irreparable window.
- The German Condominium Act defines structural changes as measures that "go beyond the proper maintenance". Therefore, a simple rule of thumb is: anything that is not maintenance is a structural change.
- Typical structural changes are energy-saving renovation measures, such as facade or roof insulation, replacement of double-glazed windows with triple-glazed windows, replacement of the heating system with a modern heating system, all measures privileged according to § 20 para. 2 WEG law, other substance interventions in the building such as balcony extension, balcony glazing, installation of a PV system on the roof.
- While maintenance aims to maintain the proper condition, structural changes aim to create a new condition. Every modernization measure is also a structural change. The term "modernizing repair" no longer exists since the reform of the Condominium Act, which has been in force since December 1, 2020.
- Why is the distinction between these two types of actions important? - The German Condominium Act contains several special provisions for structural changes, e.g. privileged changes or changes requiring approval.
- While the decision to take an action requires a simple majority vote in principle, the question of who pays for the action can be more complicated.
- To avoid unnecessary disputes, we recommend good coordination of interests and careful preparation of resolutions prior to a condominium owners' meeting.
