Photovoltaic system at the multi-family house. 100% approval from the homeowners' association?

  • Erstellt am 2021-09-02 16:31:44

pkiensch

2021-09-03 10:05:49
  • #1


No. If the installation pays off within 10 years, then even with a simple majority everyone must pay. If the installation does not pay off within 10 years, a) with a simple majority only supporters pay or b) with a two-thirds majority everyone pays (exceptions in case of disproportionately high costs).

Whether a photovoltaic system is a significant intervention or not is not defined in the wording of the law; there is no privileging analogous to EV charging stations. However, the relevant professional associations seem, in my opinion, to agree that a simple majority suffices with the amendment, which means conversely that it is not a significant intervention. The question of amortization is then primarily one of financial participation, regardless of the fact that a simple majority is sufficient for installation.
 

nordanney

2021-09-03 10:08:21
  • #2
Sorry, but if you have no idea, you should please not post anything here. Unfortunately, you are making completely false statements and unnecessarily confusing the original poster. Status before the WEG reform: Anyone who wants to install a solar system in a WEG aims for a so-called "structural change." Depending on the type of structural change, a certain majority of the apartment owners is required to enforce the resolution. In the case of installing a solar system, there is considerable intervention in the common property of the WEG. Not only does the electricity produced flow into the network of the entire system, but a change to the building is also sought. solar systems are usually installed on a roof. Therefore, the entire optical appearance of the property changes. Thus, all apartment owners are affected by this. Consequently, all owners had to agree to an installation at the owners' meeting. Status after the WEG reform: Construction measures with a sustainability claim are now easier to implement. A simple majority is now sufficient to install a solar system. In this case, the costs are borne by those who agreed to the installation. If approval is given with more than two-thirds of the votes with ownership shares of more than 50%, the costs are borne by all co-owners according to § 21, etc. However, an exception to such renovation measures exists under § 20 paragraph 4 WEG if an owner would be disproportionately disadvantaged or if there would be extensive redesigns of the residential complex.
 

fraubauer

2021-09-03 10:15:07
  • #3
This topic doesn't seem to be so clear-cut. I'm quite confused... The visual intervention is already significant! The owners bought the property years ago as it was. So, a nice roof. Not plastered over with panels. The owner of the penthouse apartment might not have bought it if the photovoltaic system had already been installed... Also, he would now get less for the sale of the penthouse apartment, as many don't want photovoltaic panels directly on the roof of the penthouse. The issue of disadvantage is also a tricky one. Owners under the roof would certainly be disadvantaged. Owners with low electricity consumption would be disadvantaged. Owners with high electricity consumption would be favored. A two-thirds majority is quickly reached in a small apartment building. You can also make the amortization look good. I see this topic as really a point of contention. It could bring serious disputes into the owners' community....
 

kati1337

2021-09-03 10:24:06
  • #4

I find that an interesting question. How does it work in a house with 4 units, assuming the photovoltaic system is installed? If resident A is very savvy and at home during the day, and then when the photovoltaic system is running, cooks, washes, dries, plays games, runs the air conditioning, and charges their electric vehicle – the other 3 residents will probably not be very happy that nothing is left to feed into the grid? Or is it somehow calculated separately? The self-generated electricity is considerably cheaper than the one from the grid. So you have a monetary advantage if you "consume more of it"?
 

fraubauer

2021-09-03 10:31:44
  • #5
Yes, when you go into detail, many questions arise! In the case of a single-family house, it is clear. The one owner decides. But if there are multiple owners, many questions come up.

Normally (if a photovoltaic system must be supported by 2/3 majority of all), the electricity generated must be reimbursed to the owners proportionally? So everyone gets a meter. Whoever consumes a lot pays more for the cheap electricity, those who consume less get a refund? Exactly this case could be the problem. If someone only uses 1000 kWh per year, but another uses four times that amount, how is it settled? If all the electricity were fed into the grid, the settlement would be simpler. Sold electricity is distributed proportionally to the owners (according to shares). However, if the electricity is completely self-consumed, it becomes complicated!
 

nordanney

2021-09-03 10:35:18
  • #6
One can argue, of course. But the interpretation of the quite clear legal framework cannot be done arbitrarily. And on a classic black roof, a black photovoltaic system is not an objective impairment. And there are no objective disadvantages for the attic apartment owner either. At most advantages due to the additional shading. He should be happy that it gets a bit cooler. No, it is not. Then you are in the wrong type of owners' association, where others can decide for you. There are many measures you may disagree with, but that can still be implemented. There are many different models. - Full feed-in - Photovoltaic used only for common electricity (heat pump, hallway, elevator, etc.), rest fed in - Calibrated meter at the grid connection point (electricity costs are allocated and handled through the service charge statement) - Self-consumption meter ... That is a situation that simply doesn’t occur. That never works.
 

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