No stress with the neighbors when selling your home
The regulation that could become problematic for you is called a restriction on alienation. However, in many owners' associations, you are not affected by this at all. It is worth taking a look at the community rules or the land register. This must be specified in the transfer restriction in accordance with Section 12 of the German Condominium Act (WEG). If this is not the case, your neighbors can complain about your prospective buyers as much as they like—you have no say in the matter. This also applies if this restriction is only stated in the community rules. The restriction on transfer only becomes legally binding once it has been entered in the land register.
If this is the case, the consent of the other owners is essential for a sale. Only when this has been obtained is the contract you conclude with your buyer actually valid. Section 12 of the WEG serves the purpose of giving the remaining owners the opportunity to prevent the purchase of an apartment by a prospective buyer who is considered problematic.
But don't worry: your grumpy neighbor, who finds families with children and singles who constantly throw parties too loud, cannot reject every prospective buyer without good reason. In order to make use of § 12 WEG, there must be a valid reason. Furthermore, the opinion of a single neighbor is usually not decisive for the decision. There are three different procedures by which the community of owners can decide on the sale. Which of these applies should also be recorded in the land register.
1. All members decide on the sale
2. A majority decision decides on the sale
3. Only the property management company decides on the sale
Before you begin the process of selling your apartment, it is advisable to check whether you are affected by a restriction on sale and how this is decided. Otherwise, you may be in for a nasty surprise at the latest when you meet with the notary. It is therefore advisable to engage a real estate expert to assist you with the sale of your apartment. This way, you will have someone who is legally knowledgeable and can help you select the right buyer. If you find a suitable prospective buyer, it will be difficult for the other owners to find valid arguments against the sale.