Statements
Special levies (Sonderumlage) in a WEG: when they are allowed and what you can do
Short answer
A special levy (Sonderumlage) is an additional advance payment the owners’ meeting resolves by simple majority when the budget and reserve cannot cover an expense. The resolution must state the total amount, allocation key and due date. You must pay even if you challenge it, because a challenge does not suspend the resolution.
Switching pack for your owners’ meeting Request the pack
What a special levy is
A German owners’ association (WEG) finances itself to plan: the owners’ meeting resolves on advance payments — the monthly Hausgeld — based on the budget (Wirtschaftsplan) and the contribution to the reserve (§ 28(1) WEG). A special levy (Sonderumlage) is simply an additional advance outside that plan — a top-up when the money for a particular expense is not there.
It is resolved by simple majority at the owners’ meeting. Unanimous consent is not required.
Typical reasons
A project exceeds the reserve. Roof, façade, heating or pipework quickly run into six figures. If the reserve was set too low, the levy is the only option.
Unforeseen damage. Storm damage below the insurance deductible, an expert report, a legal dispute.
A liquidity gap. If individual owners do not pay their Hausgeld, money for current bills is missing. The other owners temporarily cover the shortfall.
The first case is the most common and the most frustrating, because it is avoidable. A reserve based on the building’s actual maintenance needs rather than a flat rate makes most special levies unnecessary.
What the resolution must contain
A special levy can only be enforced if every owner can read from the resolution what they owe and when. That includes:
The purpose: what the money will be used for
The total amount of the levy
The allocation key — co-ownership shares unless otherwise provided
The due date, and for instalments each payment date
Ideally, a breakdown of the amount per unit as an annex
The allocation key follows the general rule in § 16(2) WEG: co-ownership shares, unless otherwise agreed or resolved. If a special key applies to the work being funded — for example because the declaration of division assigns window costs to individual units — the levy must follow that key.
Special levy, reserve or loan?
The association has discretion over how to finance work. Three routes are available, often combined.
Drawing on the maintenance reserve. The obvious option, but not unlimited. A reserve run down to zero will not help with the next damage. Proper management means keeping a base amount.
Special levy. Burdens everyone immediately and in full. For owners with tight finances this can be hard; for others it is the cheapest route because there is no interest.
A loan to the association. The association can borrow, including for larger projects; the Federal Court of Justice considers this generally compatible with proper management (judgment of 25 September 2015, V ZR 244/14). Owners must be informed of one risk: towards the association’s creditors, each owner is liable in proportion to their co-ownership share (§ 9a(4) WEG). If others default, the burden on the rest grows.
When a special levy arrives
Check the resolution. Are purpose, amount, key and due date clear? Was the financing explained in advance, and were competing quotes obtained for the work?
Challenge it within one month if it is flawed. The deadline runs from the date of the resolution, not from receipt of the minutes (§ 45 WEG). Our challenge deadline calculator works out the last day; how the procedure works is explained in challenging a resolution.
Pay anyway. A challenge does not suspend the resolution. Until a court declares it invalid with final effect, you owe the amount. If you do not pay, you are in default.
Propose instalments in time. The manager may not grant individual owners a deferral — that would be unequal treatment. Instalments for everyone can, however, be resolved. The right moment is a motion before the meeting, not after the reminder.
Landlords and sellers
A special levy cannot be passed on to your tenant. For tax purposes, landlords can usually deduct their share of maintenance costs, but generally only once the association actually spends the money on the work. For modernisation, a rent increase under § 559 BGB may be possible.
If a sale is planned, the due date is what matters: the levy is owed by whoever is in the land register when it falls due. What that means for buyer and seller is covered in our article on Hausgeld when selling.
How to avoid special levies
Most special levies are the bill for a reserve that was too low — or for a manager who lost track without an up-to-date statement (see annual statement missing). How high it should be for your building is shown by our maintenance reserve calculator and the article on how much the maintenance reserve should be. The basis is a maintenance plan that records the major components with their age and remaining life — the job of technical management.
Ravenica sets each association’s reserve from a maintenance plan for the specific building, so major work is funded before it falls due.
Frequently asked questions
What majority is needed for a special levy?
A simple majority of votes cast at the owners’ meeting. Unanimous consent is not required. The resolution must, however, be consistent with proper management; otherwise it can be challenged.
Do I have to pay if I challenge the resolution?
Yes. A challenge in court does not suspend the resolution. It remains valid until a court declares it invalid with final effect. If you do not pay, you are in default and risk interest and a payment claim from the association.
Can I pay the special levy in instalments?
Only if the resolution provides for instalments or the association resolves on them. The manager cannot grant individual owners a deferral on their own authority. If you foresee difficulty paying, propose instalments for everyone before the meeting.
Can I pass the special levy on to my tenant?
No. A special levy almost always funds maintenance or modernisation, and those are not operating costs. If the work is a modernisation, it may support a rent increase under the conditions of § 559 BGB.
Who pays if one owner does not pay their share?
Temporarily, everyone else. The association can cover the shortfall with a further levy and sue the defaulting owner. In a forced auction, Hausgeld claims enjoy limited priority (§ 10(1) no. 2 ZVG).
About the author
Julius Launhardt
Founder, owner & managing director of Ravenica · Dipl.-Ing. (TUM)
Graduate engineer (Dipl.-Ing.) and M.Sc. in Management from the Technical University of Munich, IHK-certified property manager, TÜV-certified sustainability manager and long-standing member of the volunteer fire brigade. As founder and managing director of Ravenica in Nuremberg, he is responsible for day-to-day business, processes and long-term strategy. Knows building services, refurbishments, energy and inheritance cases first-hand, and owns several properties himself.
More about Julius Launhardt