ᐅ Photovoltaic system on a multi-family building. Is 100% approval from the homeowners' association required?
Created on: 2 Sep 2021 16:31
F
fraubauer
Good day.
A multi-family building is due for a major renovation.
The question arises whether to install a photovoltaic system on the roof.
The multi-family building consists of 4 owners, so it is a homeowners’ association (HOA).
How is the consultation or vote carried out to decide if a photovoltaic system can be installed on the roof?
Do all owners have to agree?
Or— as is usually the case—does the majority count?
Does the owner of the top-floor apartment have to accept the installation of the photovoltaic system? The roof is common property after all.
Is such a photovoltaic system financed through the reserve fund? Or is it unrelated to the reserves?
The electricity is intended to be partly self-consumed and partly fed into the grid.
Are there any practical experiences here?
Thank you very much.
A multi-family building is due for a major renovation.
The question arises whether to install a photovoltaic system on the roof.
The multi-family building consists of 4 owners, so it is a homeowners’ association (HOA).
How is the consultation or vote carried out to decide if a photovoltaic system can be installed on the roof?
Do all owners have to agree?
Or— as is usually the case—does the majority count?
Does the owner of the top-floor apartment have to accept the installation of the photovoltaic system? The roof is common property after all.
Is such a photovoltaic system financed through the reserve fund? Or is it unrelated to the reserves?
The electricity is intended to be partly self-consumed and partly fed into the grid.
Are there any practical experiences here?
Thank you very much.
N
nordanney2 Sep 2021 21:25pkiensch schrieb:
This is not a matter of opinion! You can find more information under “WEG Reform 2020.” That's what I’m saying. Since the reform, a simple majority is enough. It wasn’t my idea.
Regarding the costs:
- The costs of the renovation are borne by the owners who approved the renovation measure.
- If the renovation measure is approved by more than two-thirds of the votes cast and more than half of the ownership shares, according to § 21 paragraph 2 sentence 1 no. 1 WEG, all owners must bear the costs—except if the structural alteration is disproportionately expensive.
- According to § 21 paragraph 2 sentence 1 no. 2 WEG, all owners must also bear the costs if the renovation measure pays off within a reasonable period. An important guideline for this is the 10-year period applicable to modernizing maintenance.
nordanney schrieb:
I told you so.That’s why the quote is in the post 🙂The “matter of opinion” part referred to the “I see it differently” statement before.
H
HabneFrage2 Sep 2021 21:29The questioner is not concerned with renovation, but with the installation of a photovoltaic system!
He clearly asked whether all owners need to agree when purchasing a photovoltaic system!
This has nothing to do with renovation.
Therefore, I cannot imagine that a simple majority—as in the case of renovation—is sufficient for this matter!
He clearly asked whether all owners need to agree when purchasing a photovoltaic system!
This has nothing to do with renovation.
Therefore, I cannot imagine that a simple majority—as in the case of renovation—is sufficient for this matter!
N
nordanney2 Sep 2021 21:52HabneFrage schrieb:
That’s why I can’t imagine This isn’t about "imagining" or believing. That's what the law states. Energy-efficient renovation. Period.
H
HabneFrage2 Sep 2021 21:57A photovoltaic system is not considered an energy retrofit...
Oh man. Oh man.
He clearly writes
"besides a retrofit," a photovoltaic system is to be installed...
The retrofit is probably for the facade.
The photovoltaic system is definitely separate!
The retrofit is straightforward. Simple majority of owners.
But I see the issue of "installing a photovoltaic system" differently.
All owners must agree here.
A simple majority, like for a facade retrofit, is not enough in this case.
Oh man. Oh man.
He clearly writes
"besides a retrofit," a photovoltaic system is to be installed...
The retrofit is probably for the facade.
The photovoltaic system is definitely separate!
The retrofit is straightforward. Simple majority of owners.
But I see the issue of "installing a photovoltaic system" differently.
All owners must agree here.
A simple majority, like for a facade retrofit, is not enough in this case.
F
fraubauer3 Sep 2021 09:55Thank you for the responses.
I now have the necessary information.
A simple majority is sufficient, but the system must also pay for itself within 10 years.
If this is not the case, the system can be stopped by a veto from one of the owners.
It’s not a simple matter. A large photovoltaic system would also significantly change the appearance of the house (a major intervention).
And not everyone is keen on having photovoltaic panels on their roof...
I now have the necessary information.
A simple majority is sufficient, but the system must also pay for itself within 10 years.
If this is not the case, the system can be stopped by a veto from one of the owners.
It’s not a simple matter. A large photovoltaic system would also significantly change the appearance of the house (a major intervention).
And not everyone is keen on having photovoltaic panels on their roof...
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