The holding of owners’ meetings is essential for communal living in homeowners’ associations (WEGs). This is where important decisions on the management and maintenance of the common property are made. As digitalization progresses, the question arises as to whether these meetings can also be held online. The Bundestag recently passed an amendment to the law that now makes this possible.
Legal basis for online owners’ meetings
On July 3, 2024, the Bundestag passed an amendment to the law that allows condominium owners’ meetings to be held entirely online. Physical attendance is no longer required. Condominium owners can decide to hold purely virtual meetings for up to three years with a qualified majority of three quarters of the votes.
Face-to-face meetings remain necessary
Despite the new options, the physical meeting will remain partially mandatory until the end of 2028. If a resolution to hold a virtual meeting is passed by the end of 2027, an in-person meeting must be held at least once a year, unless all co-owners unanimously decide not to do so. This regulation allows owners to get used to the new format and does not disadvantage non-technical owners.
Advantages of digital participation
- Flexibility and time savings: Owners can participate from anywhere, which is particularly advantageous for working people and older people. There is no need to travel, which saves a considerable amount of time.
- Increased participation: The online option increases the likelihood that more owners will participate, which increases the acceptance of resolutions.
- Cost efficiency: Online meetings are more cost-effective than face-to-face events, as there are no costs for room rental and catering.
Challenges with online owners’ meetings
- Technical requirements: Participants need the right hardware and a stable internet connection. The choice of a user-friendly platform is crucial.
- Data protection and security: The software used must guarantee secure data transmission. End-to-end encryption and access authorizations are important to protect privacy.
- Dealing with technical problems: A clear plan for technical difficulties, including technical support and pre-meeting testing phases, is essential.
Practical implementation
- Preparation and implementation: Careful planning is necessary, including the selection of software, technical infrastructure and training for participants. A moderator should lead the agenda and discussions.
- Voting procedure: The voting process must be transparent and different options should be clearly communicated.
- Minutes: Minutes documenting the resolutions must be drawn up to ensure transparency.
Legal aspects
- Validity of online resolutions: Resolutions are valid if legal requirements are met. Careful documentation is important for possible challenges.
- Contestability: As with meetings held in person, resolutions can be contested. Thorough preparation is crucial.
Hybrid owners’ meetings
Definition and advantages: Hybrid meetings combine face-to-face and online participation, offer maximum flexibility and promote personal interaction as well as digital participation.
Challenges: The technical equipment and organization must ensure that all participants have equal rights. A moderator should manage communication between those present on site and online participants.
Conclusion
The introduction of online owners’ meetings is a significant step towards the digitalization and modernization of condominium management. However, with numerous advantages, particularly in terms of flexibility and participation opportunities, it requires careful planning and consideration of technical and legal aspects.
With the right measures, challenges can be overcome and the benefits fully exploited so that all owners benefit from this new form of meeting. The future of owners’ meetings will be more digital, more flexible and more inclusive – and will promote the involvement and satisfaction of owners.