Online Owners' Meeting – A Guide to Digital Owners' Meetings

Holding owner meetings is a central element of communal living in homeowners associations (WEGs). Essential decisions concerning the administration and maintenance of common property are made here. With advancing digitalization, the question arises whether such meetings can also be held online as an online owner meeting. The Bundestag recently passed a legislative amendment to this effect.

Legal basis and requirements for online owners meetings

Am July 3, 2024 Does the Bundestag have a Amendment passed, which allows homeowners' associations to hold owners' meetings entirely online. This means that the physical presence of the owners at a meeting place is no longer strictly required The amendment to the law enters into force following its promulgation in the Federal Law Gazette. Homeowners can now decide by a qualified majority of three-quarters of the votes cast to hold purely virtual meetings for a period of up to three years.

Need for an in-person meeting

Despite the new options for virtual meetings, physical meetings remain partially mandatory until the end of 2028. If apartment owners pass a resolution for virtual meetings by the end of 2027, they must hold at least one physical meeting per year until the end of 2028. This obligation is only waived if all co-owners unanimously forgo it. This Transitional arrangement was introduced to give apartment owners enough time to get used to the new format. This is also intended to ensure that owners who are not tech-savvy are not disadvantaged if they are unable to participate online.

Required majority for digital owners' meeting

For the resolution to hold owners' meetings online in the future, a qualified majority of three-quarters of the votes cast at the meeting is required. This high hurdle ensures that the decision is broadly supported and the interests of all owners are taken into account. The three-year time limit guarantees that the homeowners' association has the option to evaluate its to review decisions after a certain period of time and adjust them if necessary.

Benefits of digital participation

Flexibility and time savings

A major advantage of an online owners' meeting is flexibility. Owners can participate in the meeting from anywhere, which is a great relief especially for working people, the elderly, or owners who live far away. In addition, travel times and costs are eliminated, leading to significant time savings.

Increased participation

The online option increases the likelihood that more people will participate in the meetings. This leads to greater involvement of owners in the decision-making processes and increases the acceptance of the resolutions passed. Owners who are unable to attend in-person meetings due to health or mobility-related limitations are thus also given the opportunity to actively contribute through online participation.

Cost efficiency of an online owners' meeting

Online meetings are more cost-effective than in-person events, especially when it comes to purely virtual owners' meetings. Costs for renting meeting rooms and catering are eliminated. In addition, administrative costs are reduced because invitations and other documents are sent electronically.

Challenges and Solutions

Technical requirements

One of the biggest challenges in holding an online owners' meeting is the technical requirements. It must be ensured that all participants have the necessary hardware (computer, tablet, smartphone) and a stable internet connection. In addition, a user-friendly platform should be chosen that is easily accessible even for participants with little technical experience.

Privacy and Security

The software used must ensure secure data transmission and protect the participants' privacy. This includes, for example, end-to-end encryption of communication. In addition, during an online owners' meeting, measures should be taken to ensure that only authorized persons can participate in the meeting.

Handling technical problems

Technical problems significantly disrupt the execution of an online owners' meeting. There should therefore be a clear plan on how to deal with such problems. Among other things, this can include providing technical support during the meeting. It is also advisable to conduct a test phase before the actual meeting in which participants can try out the technology.

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Practical implementation

Preparation and execution

Every online owners' meeting requires careful planning. This includes selecting suitable software, setting up the technical infrastructure, and training participants. Invitations should be sent out in good time and clear instructions for participating in the online meeting provided. During the meeting, a moderator should ensure that the agenda is followed and discussions are conducted in an orderly manner.

Voting procedures in digital owners' meetings

The voting procedure in online meetings should be transparent and traceable. There are various voting options, such as voting via video conference, using special voting tools, or by email. It is important that the procedure is clearly communicated and all participants have the opportunity to cast their vote.

Minutes of the online homeowners meeting

Minutes documenting the resolutions passed must also be kept for online meetings. This is done either by automatically recording the meeting or by taking manual minutes. The minutes should be made available to the participants in a timely manner so that any objections can be resolved in due course.

Legal aspects and quorum

Validity of online resolutions

All resolutions passed in an online homeowners' meeting are generally valid, provided that the legal requirements are met. This means that the meeting was duly convened and conducted, and the required majorities were achieved. However, it is important that the resolutions are documented in a transparent and comprehensible manner. In the event of challenges, all participants thus have a clear basis.

Challengeability of resolutions in digital meetings

Resolutions passed in an online meeting can be challenged in the same way as in-person meetings. Grounds for a challenge include, for example, formal errors in convening the meeting, technical problems, or violations of data protection regulations. It is therefore advisable to prepare and conduct everything carefully.

Hybrid form of owner meetings

Definition and Benefits

A hybrid owners' meeting combines the advantages of in-person and online meetings. Owners can either attend the meeting on-site or join online. This form of meeting guarantees maximum flexibility and helps to utilize the benefits of both personal interaction and digital participation.

Challenges and Solutions

Holding hybrid meetings places special demands on the technical equipment and organization. It must be ensured that participants joining online can participate in the meeting on an equal footing. This requires a high-performance technical infrastructure for smooth communication and voting. In addition, a moderator should ensure that participants present on-site and those joining online are equally involved in the discussions.

Conclusion

The introduction of an online owners' meeting represents a significant step toward the digitalization and modernization of homeowners' association management. It promises numerous advantages, particularly regarding flexibility and opportunities for participation, but also requires careful planning and consideration of technical and legal aspects.

With the right measures, challenges are mastered and benefits are fully exploited, so that all owners equally profit from this new form of assembly. The future of owners' meetings will be more digital, flexible, and inclusive, ultimately leading to greater engagement and satisfaction among owners.