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
F
fraubauer
2 Sep 2021 16:31
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.
Tarnari2 Sep 2021 16:38
These questions are most likely to be answered by your property management.
N
nordanney
2 Sep 2021 16:50
fraubauer schrieb:

How is consultation/coordination conducted to decide if a photovoltaic system can be installed on the roof?

A simple majority is sufficient according to the WEG reform.
fraubauer schrieb:

Does the owner of the top-floor apartment have to accept the installation of the photovoltaic system? After all, the roof is common property!

That is decided by the majority – and if necessary, the top-floor owner can be outvoted.
fraubauer schrieb:

Is such a photovoltaic system financed through the reserve fund?

That is decided by the WEG. It can be, but does not have to be.
fraubauer schrieb:

The electricity should be partly used by the owners themselves and partly fed into the grid.

I’m not very familiar with this for multi-family buildings. If there are four owners living there themselves, it should work without problems. If an apartment is rented out, the term "tenant electricity" comes up, which is a bit more complicated.
H
HabneFrage
2 Sep 2021 19:38
Hi.
I don’t see it that way!
A photovoltaic system is a major intervention in a multi-family building.
The approval of all owners is required here!
You cannot simply overrule the owner of the attic apartment!
Also, the reserves for maintenance cannot be used for this purpose.
Those funds are meant exclusively for maintenance!
Tarnari2 Sep 2021 20:45
I would assess it similarly.
Therefore, consult the property management.
P
pkiensch
2 Sep 2021 21:05
HabneFrage schrieb:

Hi.
I don’t see it that way!
A photovoltaic system is a major alteration in a multi-family building.
Approval from all owners is required here!


see
nordanney schrieb:

A simple majority is sufficient according to the condominium law reform.


This is not a matter of opinion! You can find more information under “WEG Reform 2020.”