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Residential buildings in Berlin
Photo: Sebastian Kahnert/picture alliance/dpa
Meetings of apartment owners during the Corona pandemic were also possible in writing - they did not have to be held in person due to the special exceptional situation.
The Federal Court of Justice (BGH) decided this on Friday.
Even if owners could only give their manager a power of attorney for such a meeting of representatives, the decisions made are therefore not invalid, the highest German civil court decided.
During the Corona period, an administrator found himself in an irresolvable conflict situation - either violating residential property law or infection protection law.
In this exceptional situation, such representative meetings were held regularly for practical reasons.
An administrator from southern Hesse was successful before the BGH.
She had invited people to a written owners' meeting on November 24, 2020 and requested that she be given power of attorney and instructions for voting.
5 out of 24 owners complied.
Not the plaintiffs.
According to the BGH, only the manager was present at the owners' meeting;
She then sent a protocol with the decisions she had made
(ref. V ZR 80/23).
hey/dpa