Selling a condominium involves numerous bureaucratic procedures. Finding a suitable buyer and negotiating a reasonable price for the apartment is far from everything.
A condominium is part of the residential property, but when you buy it, you acquire the special right of use for the apartment and the joint right of use for the communal areas. For example, you are allocated a room in the basement, a parking space in the garage and a small part of the garden. The foyer of the residential complex can be used by all apartment owners, but cannot be altered.
Given this legal basis, the question arises as to whether you can simply sell your condominium or whether you have to inform the administrator of the residential complex.
When do you have to inform the administrator about the sale of the condominium?
If a condominium is to be sold, the owners’ association must give its consent to the new buyer. In many residential complexes, the administrator is responsible for granting consent. The reason for this regulation is that the community of owners must be protected against an unreliable buyer joining the community of owners. This buyer would not be able to pay the house fees, for example.
The prerequisite for the administrator’s duty is the relevant note in the declaration of division of the condominium community.
Anyone wishing to sell their condominium must inform the administrator as soon as there is a concrete prospective buyer. The owner sends a letter to the administrator stating the name and address of the prospective buyer. It is then the administrator’s duty to check the potential buyer’s creditworthiness. A credit agency can be used for this purpose.
Who must inform the administrator when selling a condominium?
This is the task of the seller of the condominium. The estate agent is in regular contact with the owner of the condominium and informs the owner as soon as there is a potential buyer who is seriously interested in the property. The personal details of this person are handed over by the owner in a letter to the manager in order to inform the manager of the intended sale of the condominium.
When must the administrator's consent be obtained?
An administrator usually needs about a week to give his consent. The notary must have his consent before the purchase contract can be legally signed by both parties. If you want to sell your condominium, you should therefore be sure to inform the administrator in good time.
The declaration of division specifies who has to bear the costs for the administrator’s approval. According to the community rules, this is usually the homeowners’ association. If it is not stipulated who has to bear the costs for the administrator’s approval, this is the seller. The seller can in turn make an individual agreement with the buyer.
Can the administrator refuse to consent to the sale of the apartment?
Section 12 WEG deals with the restriction on disposal in detail. According to this, the administrator can only refuse consent for important reasons. This applies, for example, if it can be assumed that the potential buyer will not be able to make the house payment for financial reasons.
