Building a strong foundation for your real estate assets
FAQs – YOUR QUESTIONS
Many tenants have already had the same questions. To give you the right answer as quickly as possible, click through our FAQs.
Important questions answered quickly
Of course, you can reach and contact us at any time. You have several options to do so. Before you call or send us an email, you can also check to see if your questions have already been asked. See our FAQ below – you might be able to get some questions out of the way. Simply click through the various topics and look at the various questions as well as the corresponding answers. If you have a different questions or suggestions that have not been addressed: Call or e-mail us!
The Building Authority uses the certificate of completeness to certify that the flats and non-residential rooms have been completed. Completed flats and non-residential spaces are those spaces that are have been structurally completed in their entirety by way of walls and ceilings and have a private, lockable access from the outside, staircase or a vestibule. They must have a kitchenette or kitchen as well as a bathroom. For the issuance of the certificate of completeness, the allocation plan (consisting of floor plans, sections, views and the site plan) is required, which indicates the distribution of commonly owned parts of the building and land.
The trustee maintains the archive of resolutions of the owners’ association. The archive of resolutions contains all decisions as proclaimed by the members of the assembly, all written circular resolutions as well as any court orders, which are to be entered in consecutive numerical order.
The flat owners settle their common affairs via decisions made during the owners’ association meetings. The trustee calls for an owners’ association meeting once a year.
During this meeting, the flat owners decide on the annual accounts, the economic plan, maintenance as well as measures to ensure proper management.
If measures of extreme urgency require an additional extraordinary owners meeting, such meeting may be convened. Without an owners’ meeting, a decision is only possible through a circular resolution if all owners give their consent in writing.
The commonly owned property includes the land, all of the parts that are necessary for the security and existence of the building, all facilities and equipment available for communal use as well as all components that determine the external shape of the building and have not been declared a special property or owned by third parties.
Examples: the foundation of the building, the facade and roof, all bearing walls, floors and ceilings, downpipes and rising pipes, the heating system, the staircase, entrance door, exterior windows, exterior and green areas of the property.
The accumulation of a maintenance reserve is part of a sound administration. Its purpose is to carry out major maintenance work. The amount of the annual maintenance reserve and its use are decided by the owners’ association. The savings are paid by each individual apartment owner as part of the monthly flat payment and the money will be invested in a separate bank account.
Is agreed upon by the seller and the buyer in the purchase agreement.
On this date, the buyer obtains possession of the property; all benefits (e.g. rental income) and burdens (costs) become the responsibility of the buyer.
The purchaser becomes the owner and is entitled to vote at the owners’ association meeting once he has been registered with the Land Registry.
Special property includes all areas that have been declared a special property in the declaration of division and all parts within these spaces that can be changed, eliminated or added without affecting the communal property or the special property of another. Special property can be residential or partial ownership property and is always connected to the joint ownership of the common property.
Examples: Front doors, floor coverings, non-load bearing interior walls, wall coverings (wallpaper, paint), plumbing, faucets, tiles
Makes claims against the commonweal – land belonging to the community of owners – and acknowledges the right of one or more owners to permanently use this area while excluding other owners from such use.
The establishment of a special right of use shall be determined by a declaration of division or by subsequent agreement by all owners.
Justification i.e. terraces, parking spaces on the property or garden areas.
For the ownership resolutions, there are different voting rights. The head principle states that each flat owner has one vote. Thus, a flat owner, who owns several flats, only has one vote. If the ownership is collaboratively shared by several people, they can only exercise their voting rights as a unit.
The declaration of division can nevertheless contain different rules for voting. As a rule, the declaration of division establishes the value principle, i.e. the distribution of votes according to co-ownership, according to which each flat owner has as many votes as co-ownership shares.
Another principle is the object principle, according to which each special owner has one vote per flat/ partial ownership.
The declaration of division regulates the legal relations of the owners’ association through the delineation and assignment of special and common property, the definition of residential and partial ownership and the definition and assignment of co-ownership. As a rule, the declaration of division contains the second part, the so-called social cooperative ownership rules, according to which the internal relationship between the owners is regulated including all of their rights and obligations, in addition to the first part.
An advisory board is not compulsory in an owners’ association.
Three owners can be ordered to the advisory board by majority vote. The advisory board is working together with the trustee and supports him in carrying out his duties. The advisory board reviews the annual accounts, the accounting and the management plans before the resolution of the owners’ association.
The monthly housing subsidy is composed of all operating costs, administrative costs and the maintenance costs of the owners’ association.
For the entire year, a complete business plan is created including a forecast of all expenditures of the owners’ association.
The single economic plan of a flat owner contains all proportional duties of the flat owner as part of the complete business plan for covering all costs, i.e. the monthly housing subsidy payments. The business plan is drawn up by the trustee, checked by the advisory board and to be decided on by the owners’ association.
Special Property Management
Unfortunately, there are not always sufficient or any cellar rooms available at all. To answer this question, please turn to your lease or the handover protocol. If in doubt, contact your local agent.
If you want to terminate your lease or have already submitted your termination and know of an interested tenant, you can of course propose a new tenant. However, we will always choose from several existing prospects when picking a new tenant.
We ask for your understanding.
You may submit a request for adding an additional lease partner. We then carry out a credit check. As such, we need a copy of the ID of the respective person and proof of income for the last three months, a certificate of rent arrears freedom from the current landlord and we will conduct a Schufa background check.
Contact the employment office or job centre as soon as possible to have your rent covered and contact your local agent asap
Not in the common areas of the flat complex or on the property. The costs of disposal are then borne by the polluter or all tenants as part of the annual utility bill. However, recycling centres will accept your bulky waste free of charge. „www.bsr.de“
The termination of the tenancy must take place in writing and must be signed by all tenants. Terminating the tenancy by fax or e-mail is not admissible. The statutory notice period is 3 months. As such, the notice must be received no later than the third working day of the month for us to terminate the lease by the last day of the of the next but one month.
As part of the preliminary inspection, you will learn what cosmetic repairs are required prior to termination of the contract. This might include the dismantling of alterations and fixtures, for example. The preliminary inspection is not binding, since it usually takes place when the flat is still furnished and significant parts of walls and flat are still covered.
During the final inspection, the condition of the flat is ultimately determined. This state will decide whether further work is required on your part, or whether the condition of the flat is contractual.
In most cases, we will refund your security deposit right away if there are no rent arrears at the end of the contract term and the flat condition leaves no grounds for any objections. The legislation states a period of 6 months for the return of your security deposit.
If the final operating and heating expenses have not been settled for the proportionate rental period, we reserve the right to retain a partial amount.
Of course, we approve of smaller animals that will most likely not cause any disturbances, which includes hamsters, fish or turtles.
If you want to keep dogs or cats, we need a written request from you. You will then receive a questionnaire, in which you will let us know details about the pet in question.
As a rule, and if no objections have been made on our part, we use this form to grant you permission to keep dogs or cats. However, our approval may be revoked at any time if your neighbours feel disturbed by your animals.
Further information about pet ownership can be found in your lease.
The total rent is usually made up of the net rental income as well as advance payments for the operating and heating costs. For the composition of the ancillary costs, please refer to your lease.
If your home is heated by a central heating system, a heating prepayment will be required. If you are using the central hot water supply, your prepayments will also contain these costs.
In addition to the base rent and the advance payments, further personalised costs may be incurred, such as additional fees for subletting your flat. For commercial real estate, we collect the VAT payment as well.
Have your questions not been answered?
In our Contact for Owners area, you have the option to ask your individual questions via e-mail. We will respond within 24 hours or call you back during our business hours. We are happy to answer your questions.
Phone: 030 / 700 800 200