The promised residential building is not finished. An insolvency situation becomes relevant for the Wohnungseigentumsorganisator. Several purchasers wish jointly to appoint a different organisation to continue the work. Before individuals make new contracts or financing commitments, the statutory decision question and the practical implementation must be clarified separately.
Check the participant role
§2 para 6 WEG 2002 describes Wohnungseigentumsbewerber by means of a written, possibly conditional or time-limited commitment for a specifically designated suitable object. The provision also defines the Organisator. [BEWERBERROLLE]
A list of all interested viewing guests is therefore not a verified list of applicants. Our editorial recommendation: The competent legal advice should determine who is to be considered for the specific decision in which role. You do not need a publicly available collection of private purchase contracts of all participants.
Understand the special majority decision
§44 mentions the opening of insolvency proceedings, the existence of the requirements for opening bankruptcy proceedings or the non-opening only for lack of assets sufficient to cover costs. Within the statutory framework, the majority of Wohnungseigentumsbewerber calculated by headcount decides whether another Organisator will carry out the construction project. [BAUFORTSETZUNG]
This special decision must not be replaced by a vote based on private payment contributions without examination. Nor does a favourable opinion automatically mean that all required contracts, rights and funds are already in place. The concrete application and implementation remain a separate professional task.
Prepare an assessable continuation option
For advice, compile the actual construction status, existing project documents, outstanding works and payments already made. Have a suitable technical body explain which existing services must be assessed for continuation and where evidence is missing.
For a proposed new organisation there needs to be a described scope of services and a comprehensible financing basis. A positive letter of intent is not yet a complete continuation offer. This article does not provide a resolution text and does not declare any involved person entitled to bind all purchasers alone.
Hypothetical case: The highest payer should get the most votes
One purchaser has paid particularly large sums in advance. He therefore believes he can alone determine the choice of the new Organisator. Others want a firm he names to continue work immediately, without knowing the overall documents.
The group first has the applicable case and the relevant participants reviewed. Afterwards the statutory majority question is prepared separately from the necessary contracts and additional funding decisions. The example does not establish any specific headcount nor the validity of a vote.
Handle continuation and personal claims in parallel
The decision on another Organisator does not automatically answer all claims arising from your previous payments or from construction defects. Continue to pursue these questions for your own advice. An expected return flow must not be treated as already available continuation financing.
The goal is a professionally clarified group process with a genuinely assessable continuation option. The statutory decision framework helps with competence; it guarantees neither a ready replacement Organisator nor completion free of charge or a specific move-in date.