Impeachment of WEG decisions

If resolutions are not made properly by the owners' meeting in a community of owners (WEG), they can be challenged by the owners within one month. If the monthly deadline is not met, the decision becomes effective.

This does not apply to resolutions that do not require a challenge, they are void right from the start. For example, this does not include a decision which, for a specific year, includes a deviation from the heating cost ordinance. According to BGH (V ZR 193/17), such a decision can only be challenged within the time limit.

In case law, it is controversial whether a decision that is not in line with the heating cost regulation is void or contestable. In part, such an infringement should only lead to contestability, sometimes differentiated by type of infringement.

The BGH has not clarified this issue. In the present case, a billing according to the heating cost ordinance was created and thus a billing of proper administration created. This applies regardless of whether the WEG subsequently make deviating provisions by means of a resolution. Such decisions are only temporary and not of such weight that a nullity of the decision can be accepted, which should always be the exception to the contestability.