BMJV WEG reform 2026: English checklist for condo buyers — what the Referentenentwurf changes on qualified majorities, manager powers and which owners’ minutes to demand

What document you must read (the primary source)

The working draft (Referentenentwurf) of the Federal Ministry of Justice and Consumer Protection (BMJV) for a WEG reform is published on the BMJV website (file RefE_WEG-Reform.pdf). The draft is the authoritative text for the measures described below — it is not yet law and may change in parliamentary proceedings. Read or have a lawyer read the BMJV draft itself before relying on specific wording. The BMJV file is available from the ministry’s downloads (RefE_WEG-Reform.pdf).

Three headline changes foreign buyers must know

1) Virtual-only owner meetings: the draft would permit owners’ associations to decide to hold meetings exclusively online, but only if a three‑quarters (3/4) majority of the votes cast agrees. That is a new, specific hurdle for associations that want to go fully virtual and buyers should check whether any recent resolution sets that rule.

2) Cost‑allocation changes by majority vote: the draft contemplates allowing the owners to change distribution keys for certain costs by owners’ resolution. That means allocation formulas (Wertermittlung, Nutzungs- oder Kostenverteilung) that affect service charges and arrears can be altered by vote rather than remaining fixed in existing declarations or rules — a material risk for budgets and future charges.

3) Expanded manager (Verwalter) powers: the draft strengthens the practical authority of the appointed property manager in a number of operational areas. Commentators and owner‑associations have warned that several routine powers could be moved from explicit owner control to manager discretion, increasing the importance of both the manager’s written appointment and any limits recorded in minutes or the declaration.

Why these changes matter before notarisation (Beurkundung)

A property purchase in Germany is finalised in a notary appointment. Many buyers assume the internal life of the owners’ association remains the seller’s problem; the draft changes that calculus. New or prospective rules on voting majorities, cost keys and manager powers affect future running costs, special levies and the ease of obtaining later resolutions (for example, to retrofit or to change a technical installation). Because some WEG resolutions affect successor owners' rights, buyers must verify whether recent resolutions exist, how the manager has been authorised and whether any cost‑allocation changes have been made or are pending.

Checklist — which owners’ minutes and documents to demand before notarisation

Demand these documents in English or German (with certified translation) and have them checked by a German property lawyer or notary:

- Minutes (Protokolle) of the last three owners’ meetings (or three most recent years). Look for votes on cost allocation, special levies, major repairs, loans and reserve draws. - The most recent annual financial statement and budget (Wirtschaftsplan) and evidence of the current balance of the reserve fund (Instandhaltungsrücklage). - Minutes or resolutions that appoint the current manager (Verwalterbestellung) and any written manager mandate specifying limits on spending, contracting or litigation. - Minutes recording any resolution that allows virtual‑only meetings or that changes voting rules — the draft sets a 3/4 requirement for virtual‑only meetings. - Copies of any recent resolutions changing the cost‑allocation key (Verteilungsschlüssel) or authorising the manager to change allocation. - Declarations, house rules (Gemeinschaftsordnung), and any registered entries in the land register (Grundbuch) that bear on rights and servitudes.

If any of these documents show recent changes or open authorisations, ask for a clear, dated minute that limits the manager’s discretion and for a signed seller undertaking to clear any special levies raised before transfer. These checks are more important under the BMJV draft because majority decisions and manager powers are central to the proposed reform.

Practical next steps and legal help

Do not sign or notarise the purchase without these checks. If minutes show a recent cost‑allocation change, a pending application or broad manager authority, insist on a seller warranty and a notary clause dealing with clearing outstanding levies. For interpretation of the BMJV draft’s precise wording and for contract clauses that reflect the draft’s possible enactment, instruct a German Rechtsanwalt for real estate or ask the notary to include conditional clauses. The BMJV draft is online and should be read alongside any seller documents before you commit.