House Rules: How Homeowners Can Prevent Conflicts

Living together in apartment buildings requires clear rules to prevent conflicts between residents of different ages and lifestyles. A well-defined house rulebook is essential, outlining regulations for quiet hours and shared garden use.

These rules apply to both rental properties and buildings owned by a homeowners' association (WEG). For WEGs, house rules can be integrated into the community's bylaws, requiring unanimous owner consent for changes. However, most house rules are decided at owner meetings, needing only a simple majority for adoption or amendment.

While WEG house rules bind association members, they don't automatically apply to tenants. They only become binding for tenants if the landlord and tenant explicitly include them in the rental agreement. WEGs have flexibility in what they include, but must adhere to legal standards, particularly German Civil Code (BGB) provisions on tenancy law.

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The landlord may not make any arrangement with their tenant that contradicts the house rules of the homeowners' association.

WEGs can set more specific rules than typical rental agreements. For instance, an association might mandate only electric grills in common areas. A landlord cannot override this by allowing a tenant to use a charcoal grill. Sandra von Möller, chairwoman of the association 'Wohnen im Eigentum,' emphasizes that landlords cannot grant tenants usage rights that contradict the association's house rules.

However, absolute prohibitions on keeping pets like dogs and cats in standard rental contracts are invalid, according to the Federal Court of Justice. Such clauses in house rules are also ineffective. Yet, a WEG can establish a "gentlemen's agreement" or similar resolution prohibiting dogs and cats. In such cases, the landlord is bound by this prohibition and cannot grant their tenant permission to keep these pets. 'Wohnen im Eigentum' offers a sample house rulebook with guidance.

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In this case, the landlord is themselves bound by the prohibition and can generally not grant their tenant more extensive usage rights.