Gemeinschaftsordnungen

Gemeinschaftsordnungen are the by-laws that govern the rights and duties of owners within a Gemeinschaft, most commonly the Eigentümergemeinschaft in Germany’s condominium system (Wohnungseigentum). They form part of the legal framework that regulates how a property divided into individually owned units is managed and how the common property is used.

A Gemeinschaftsordnung typically specifies the shares of ownership in the common property, the rights of each owner to use their unit and the shared areas, and the rules for maintenance, use, and access to the common property. It also lays out the structure and procedures of the administration, including the role of the Verwalter (administrator), the rules for owners’ meetings, voting rights, and decision-making processes. In addition, it covers the budgeting and apportionment of the annual costs for the common property, and may set restrictions on alterations to common areas, subletting, pet ownership, noise, and other conduct.

The document is usually part of the Teilungserklärung (declaration of partition) and may be amended only by a specified majority at a members’ meeting. Amendments often require registration in the land register to bind current and future owners. The Gemeinschaftsordnung thus provides a concrete, enforceable framework that aims to ensure orderly management, minimize conflicts among owners, and complement the statutory provisions of the Wohnungseigentumsgesetz (WEG).