A resolution needs the majority of the votes cast (§ 25 (1) WEG) or, without a meeting, as a rule the consent of all owners in text form (§ 23 (3) WEG). Unless void, it stays valid until a final judgment declares it invalid (§ 23 (4) WEG); until then it also binds owners who voted against it or were absent.
A resolution is passed either at the owners meeting or by circular procedure, is documented by the manager in the resolution record, and may be flawed, voidable or even void. This guide explains how resolutions come into being, when a circular resolution is enough, when they become final and binding and when they are void, with the relevant provisions of the German Condominium Act (Wohnungseigentumsgesetz, WEG). It is written for international owners who hold property in Germany.
Resolution or agreement: the basic distinction
A German owners association has two ways to create binding rules. They are often confused but have entirely different requirements.
A resolution (Beschluss) is a majority decision. On matters where the statute or an agreement of the owners permits it, the owners decide by resolution at the meeting (§ 23 (1) WEG). The basis is the majority principle: the majority of the votes cast decides (§ 25 (1) WEG). Resolutions typically concern day-to-day administration, such as approving the budget, appointing the manager or awarding maintenance work.
An agreement (Vereinbarung), by contrast, is a contract among all owners. It alters the relationship between the owners permanently and fundamentally, for example the relationship between the separately owned unit and the common property, or the voting rights. An agreement generally requires the consent of all owners and is effective against legal successors only if it is registered in the land register as content of the separate ownership.
The rule of thumb: what may be decided by majority is governed by resolution; what touches the core of the ownership structure needs an agreement. If a majority resolution is used for something that requires an agreement, the community lacks what is called resolution competence (Beschlusskompetenz), and the resolution is generally void.
How resolutions come into being
Resolutions arise in two ways: at the meeting or by circular procedure.
At the owners meeting
The standard case is the passing of a resolution at the meeting of the owners (§ 23 (1) WEG). Each agenda item is voted on, the result is established and announced by the chair of the meeting. Only the announcement turns the voting result into an effective resolution. What counts is the majority of the votes cast (§ 25 (1) WEG), with each owner having one vote (§ 25 (2) sentence 1 WEG). Abstentions are not counted as votes cast.
By circular procedure
A resolution is valid even without a meeting if all owners declare their consent to it in text form (§ 23 (3) sentence 1 WEG). Text form means that an email or a signed letter is sufficient. The key point: as a matter of principle a circular resolution requires unanimity - a single missing consent causes it to fail.
Since the WEG reform there is an important relief: the owners may resolve that for a single, specific item the majority of the votes cast is sufficient (§ 23 (3) sentence 2 WEG). This allows a single matter to be decided by simple majority even in the circular procedure, without requiring everyone to agree.
Example: A community wants to renew a service contract at short notice between two meetings. Instead of convening an extraordinary meeting, it resolves at the previous meeting that this one item may be decided by circular procedure with a simple majority. The later circular resolution is then effective even without the consent of all.
The resolution record: the manager’s duty
So that every owner and every prospective buyer can trace the current state of the resolutions, the statute requires a resolution record (Beschluss-Sammlung). It contains only the wording of the resolutions announced at the meeting and of those passed in writing, with the place and the date, plus the operative parts of court decisions in litigation under § 43 WEG (§ 24 (7) WEG). The entries are consecutively numbered and dated, and if a resolution has been challenged or set aside, this must be noted.
The resolution record is kept by the manager (§ 24 (8) sentence 1 WEG). If there is no manager, the duty falls on the chair of the owners meeting, unless the owners appoint somebody else for the task by majority vote. A properly kept resolution record is not a mere formality: it is the most important source of information for prospective buyers and protects the community from disputes about the actual state of the resolutions. Why it is something other than the minutes of a single meeting, who may demand inspection of it and what does not belong in it is set out in our guide to the minutes of an owners meeting.
Nullity or voidability: two kinds of defect
A flawed resolution is not automatically without effect. The WEG draws a strict distinction between two categories of defect with very different consequences.
| Feature | Void resolution | Voidable resolution |
|---|---|---|
| Cause | breach of a mandatory legal provision, lack of resolution competence | breach of proper administration or a procedural error |
| Validity | without effect from the outset | valid until a court declares it invalid |
| Deadline | can be established at any time (nullity action) | challenge only within the one-month deadline |
| Legal basis | § 23 (4) sentence 1 WEG | § 23 (4) sentence 2, § 45 WEG |
A resolution that breaches a legal provision whose observance cannot validly be waived is void (§ 23 (4) sentence 1 WEG). Classic cases are the lack of resolution competence - the community uses a majority to regulate something that would only be possible by agreement - or an encroachment on the inalienable core of condominium ownership.
Otherwise, that is for all other defects, a resolution is valid as long as it has not been declared invalid by a final judgment (§ 23 (4) sentence 2 WEG). It is then only voidable. If it is not challenged within the deadline, it remains in force even if it was flawed.
The challenge action and its deadlines
Anyone who disagrees with a resolution can have it reviewed by a court: the WEG provides the challenge action (Anfechtungsklage) and the nullity action, both to be brought against the association of owners (§ 44 (1) and (2) WEG). The challenge action must be brought within one month of the resolution being passed and substantiated within two months of the resolution being passed (§ 45 sentence 1 WEG); if the month is missed, the resolution becomes final and binding. How the two periods are counted, what the statement of reasons has to do and what the case costs is set out in our guide to challenging a resolution.
Proper administration as the standard
Whether a resolution survives on the merits is measured against the principle of proper administration (ordnungsmäßige Verwaltung). Every owner can demand an administration that corresponds to the interests of the community as a whole on equitable discretion. Resolutions that exceed this scope - for instance because they disadvantage individual owners without an objective reason, or use the community’s assets in an economically unreasonable way - run counter to proper administration. They are not void, but they are voidable. This is the most common ground for a successful challenge action: the resolution is not impermissible as such, but does not correspond to proper administration. Precisely for this reason, careful preparation of the meeting and the draft resolutions by your condominium management in Frankfurt is so important.
When a resolution becomes final and binding
If a resolution is not challenged within the one-month deadline, it becomes final and binding (bestandskräftig). The resolution is then definitively effective and binding on all owners - including those who voted against it or were not present at all, and including later buyers of the units. Even a resolution that is flawed on the merits but merely voidable becomes unassailable once the deadline expires. The position is different only for void resolutions: their nullity can be established at any time, even years later, by a nullity action, because they have no effect from the outset. This distinction shows why the timely review of every resolution by a certified property management is so significant - once the deadline has passed, the opportunity to act is lost.
WEG resolutions in Frankfurt and the Rhine-Main region
For disputes over resolutions of a Frankfurt owners association there is an exclusive place of jurisdiction at the location of the property: resolution actions under § 44 WEG must be brought before the local court (Amtsgericht) in whose district the property is located - for properties in Frankfurt, the Amtsgericht Frankfurt am Main. This is not a matter of choice; jurisdiction cannot be shifted by agreement. Especially in a city like Frankfurt with many large and mixed-use developments, cleanly drafted, clearly announced and properly recorded resolutions are the best protection against lengthy proceedings.
Anyone who prepares resolutions in a legally secure way, announces them correctly and documents them seamlessly in the resolution record protects the community from challenges and disputes. Professional property management takes on exactly this preparation, announcement and recording of resolutions with the necessary care.
Sources
Editorial responsibility: digo.immo Verwaltung & Invest - certified residential property manager under § 26a WEG (IHK Frankfurt), licence under § 34c GewO. About the certification
This article provides general information only and does not replace individual legal advice. It was created with AI assistance; the legal statements have been checked against the official texts of the law. Legal status: 28/08/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.