What Changes in the Condominium Ownership Act (WEG) in 2022?

On January 1, 2022, the amendment to the Condominium Ownership Act (WEG) comes into force. For approximately 700,000 owners, it brings a number of innovations in three important areas:

Resolutions at the owners' meeting

Resolutions at the owners' meeting are to be passed more quickly in the future (comes into force on July 1, 2022).

Amendment and maintenance of the condominium unit. As of 01.01.2022 the following applies: "Silence means consent."

Legally regulated minimum reserve (from 01.07.2022)

The reason for the changes are the government's climate policy objectives regarding residential buildings in Austria. On the one hand, the share of electric vehicles in Austria is growing, which requires more charging stations and electric filling stations in buildings. On the other hand, residential buildings are to become more energy-efficient in the future, and the switch to environmentally friendly energy sources (photovoltaics) is to be made easier. In order to make it easier to implement these measures, the Condominium Ownership Act has been amended with regard to voting rules and the minimum reserve. The individual points are discussed in slightly more detail below:

Finding a majority within the framework of collective decision-making

A vote is being held on the installation of a new heating system (structural measure). – Old regulation: Approval of more than 50% of co-ownership shares required – New regulation: At the owners' meeting, e.g. 40% of co-ownership shares are

present. 90% of them vote in favour (= 36% of the co-ownership shares) -> the resolution is adopted.

Alteration and maintenance of the condominium unit

If the co-owners do not object to an alteration / maintenance request within 2 months, this is deemed to constitute consent. "He who remains silent is deemed to agree" (deemed consent). This applies to the following alterations to the condominium unit:

– Installation of a solar system on a condominium unit built as a terraced house or detached building

– Installation of shading devices that blend harmoniously into the appearance of the building (e.g. awnings, roller shutters, external venetian blinds) of a condominium unit – Installation of burglar-proof doors

The formation of a minimum reserve by the property management is not new. As of 01.07.2022, a mandatory reserve contribution in the amount of EUR 0.90 / m² of usable floor area per month is to be provided. This will make it easier to implement climate-friendly measures (e.g. photovoltaic systems), as the reserve will already be funded accordingly.

– the reserve is not necessary at this level due to its exceptional scope – a recent new construction or comprehensive refurbishment of the building has just been completed – in the case of a terraced or detached house complex, the condominium owners / the owners' association have taken on the applicable maintenance obligations.

For further questions and information, please feel free to contact me at any time!

Stefan Brudermann +43 681 84355362 [email protected] www.4m-immo.at