Concept and Legal Nature of the Resolution Record
Die Resolution Record is a central instrument and concept within condominium law. It refers to the systematic compilation of all resolutions adopted within an owners’ association. The legal basis is, in particular, Section 24 (7) of the Condominium Act (WEG), which sets binding rules for maintaining the resolution record. The resolution record serves to ensure transparency, traceability, and the legally secure documentation of all community decisions.
Statutory Basis and Development
The obligation to maintain a resolution record was introduced by the Condominium Law Reform Act of March 26, 2007 (Section 24 (7) old version WEG) and adapted accordingly with the WEMoG (Condominium Modernisation Act, effective since December 1, 2020). The regulations are intended to strengthen the rights of the owners and to ensure the traceability of resolutions. According to Section 24 (7) WEG, every administrator is required to keep a record of all resolutions of the condominium owners.
Purpose and Significance
The resolution record fulfills several essential functions:
- Documentation: It ensures that all majority resolutions of the condominium owners are permanently and tamper-proof documented.
- Legal Certainty: The record creates clarity about the status of resolutions and helps to prevent or settle disputes.
- Transparency: All owners and potential purchasers can view the record to inform themselves about existing resolutions.
Content and Requirements for the Resolution Record
Resolutions to be Recorded
All decisions that have been formally adopted as resolutions at owners’ meetings in accordance with Section 23 WEG must be included in the resolution record. In particular, these include:
- Community-related measures such as maintenance resolutions
- Economic plans, annual accounts
- Resolutions on changes to cost allocation
- Renovation and modernization measures
Mere voting results without the character of a resolution, statements of opinion, or suggestions are not to be included.
Form and Management of the Resolution Record
According to Section 24 (7) WEG, there is an obligation to systematically and tamper-proof manage the record. Entries must be made immediately after the adoption of a resolution. The format is not conclusively regulated by law; paper form is customary, but a continuously maintained electronic record is also permitted, provided that it is equally secure and traceable.
Each individual resolution must be recorded with at least the following details:
- Text of the resolution
- Place and date of the meeting
- Result of the vote (majority, number of votes)
- if applicable, information on any challenge
Retention and Inspection Rights
The resolution record must be retained permanently. Every condominium owner has the right under Section 24 (7) WEG to inspect the record and request copies at their own expense. Potential buyers also have a legitimate interest in inspection during the preparation for purchase, provided they demonstrate a legitimate interest.
Legal Consequences of Errors in the Resolution Record
Omissions and Sources of Error
Violations of the obligation to keep or properly document the record regularly result in legal consequences, for example:
- Breach of the administrator’s duties
- Claims for damages by the owners’ association against the administrator in the event of proven damage
- Greater difficulty in providing evidence in legal disputes
A faulty or incomplete resolution record does not generally render an otherwise validly adopted resolution null and void or ineffective. A failure in documentation does not affect the validity of the resolution itself, but it can significantly complicate the provision of evidence in court proceedings.
Liability of the Administrator
The acting administrator may be liable to the community if there is culpable breach of documentation obligations. If financial disadvantages arise due to a missing or faulty resolution record, this may give rise to claims for damages.
Practice and Special Features
Transfer upon Change of Administrator
When the WEG administrator changes, the complete and up-to-date resolution record must mandatorily be handed over to the new administrator. If the transfer does not occur, or if the record is incomplete, this may lead to legal and practical complications for both management and owners. The scope and completeness of the record should therefore be checked regularly.
Digitization and Data Protection
With increasing digitalization in administrative practice, data relevant to resolutions are increasingly recorded electronically. Data protection and data security requirements must be met. Access to personal data must only be granted to authorized persons. Electronic record keeping should be designed to be audit-proof to prevent tampering.
Distinction from Other Forms of Documentation
The resolution record must be strictly separated from other administrative documents such as minutes, annual accounts, or collections of receipts. While the minutes document the course and further procedural modalities of the meeting, the resolution record depicts exclusively the formally adopted resolutions with external legal effect.
Conclusion
The resolution record is a central instrument of condominium law. It ensures legal certainty, transparency, and traceability of all resolutions within a condominium owners’ association. Proper management in accordance with Section 24 (7) WEG is an essential duty of the administrator. Violations must be taken seriously from a legal perspective, as they may result in not only administrative issues but also claims for damages. The right of inspection protects the interests of both the owners and prospective purchasers and ensures sustainable community management.
Frequently Asked Questions
When must a resolution record be kept according to the Condominium Act (WEG)?
According to Section 24 (7) WEG, it is mandatory for all condominium owners’ associations to maintain a resolution record as soon as at least two separate owners exist. The obligation commences with the entry into force of the law in 2007 and covers both newly passed and existing resolutions of the owners’ meeting. The record must include all resolutions adopted since July 1, 2007; written resolutions by circulation must also be included. Only the resolutions themselves, not mere expressions of opinion or protocol notes, are bindingly documented in the resolution record.
Who is responsible for the proper management of the resolution record?
Legally, the proper management of the resolution record is generally the responsibility of the administrator of the condominium owners’ association. If no administrator is appointed, the condominium owners are collectively obliged to perform this task. The administrator must ensure that every change is entered immediately and truthfully; omissions may have significant liability consequences. When the administrator changes, the complete record, including all entries, must be handed over to the successor.
What legal requirements must a resolution record meet?
The resolution record under the WEG must comply with certain formal requirements. Each entry must indicate the date of the owners’ meeting, the wording of the resolution adopted, as well as the date of its disclosure, and, if relevant, reference to any successful legal challenge or modification. There is a strict prohibition of tampering: subsequent changes, especially deletions, are not permitted and may render later resolutions void or contestable. All entries must be chronological and sequentially numbered; the record may be maintained either in paper form or electronically, as long as immutability is ensured.
What are the legal consequences of a faulty or missing resolution record?
If the statutory obligation to maintain the resolution record is not complied with properly or at all, this can have both regulatory and civil law consequences. Condominium owners may take legal action to enforce proper management. Faulty entries or serious defects may justify an important reason for the removal of the administrator. Furthermore, in the case of serious breaches, there is a risk that important resolutions may be challenged and thus become ineffective. However, resolutions entered in the record have legal effect regardless of whether they were properly recorded.
Who has the right to inspect the resolution record and how is this right structured?
All condominium owners and their authorized representatives have the right at any time, under Section 24 (7) sentence 8 WEG, to inspect the resolution record. This right covers a complete and unaltered inspection, which takes place exclusively on site with the administrator or at the location designated for storage. There is no absolute entitlement to receive a copy of the record, but it may be enforced in individual cases unless legitimate interests prevent it. The right of inspection covers not only one’s own resolutions but all resolutions of the community.
Must court decisions also be included in the resolution record?
Legally, it is mandatory that all court decisions that declare a resolution invalid or modify it must be entered in the resolution record without delay, referring to the relevant file number and date. This ensures that the record always reflects the current legal status and that ineffective resolutions do not remain in effect. Otherwise, the administrator is liable for any resulting disadvantages. Other court proceedings that do not directly affect resolutions are not covered by this obligation.
How long must the resolution record be retained?
According to the WEG, the resolution record must be retained permanently without any time limitation. There is no provision requiring destruction or removal of older entries after certain deadlines. Therefore, the record accompanies the entire lifetime of the condominium owners’ association. Particularly in the case of a change of administrator or a sale of units, it must be ensured that the transfer is complete and gapless. Only this way, traceability of all community decisions can be guaranteed.
