WEG Sonderumlage dispute after apartment purchase in Berlin
Hi everyone,
We are looking for some opinions/experiences regarding a Sonderumlage situation after buying an apartment in Germany (Berlin). We are probably going to consult a lawyer as well, but wanted to see whether anyone experienced something similar before.
Please no harsh comments 😅 We understand we may not have been careful enough during the purchase process and maybe we are now paying the price for that. We are not trying to avoid the law or “screw” anyone over. If legally we have to pay, then we will pay. We are simply trying to understand whether our situation is as clear-cut as some people say or whether there is actually room for discussion.
Timeline:
- Apartment purchase signed in late 2025
- We paid equity on 23.12.2025
- Bank transferred the mortgage on 30.12.2025
- Handover/key transfer happened around beginning of January 2026
- We were not registered in the Grundbuch (only after February)
The issue:
A Sonderumlage of couple of thousands was decided in a WEG meeting on 16.12.2025, before ownership transfer/payment completion. The due date (Fälligkeit) was set for 31.01.2026.
Relevant paragraph from the Kaufvertrag basically says:
“Besitz, Nutzen, Lasten und Abgaben gehen auf den Käufer über an dem Tag, der auf die vollständige Kaufpreiszahlung folgt.”
So according to the contract, burdens/costs transferred to us only AFTER full purchase payment.
At first we thought the important thing legally was the date of the WEG decision (Beschlussdatum), because the Sonderumlage was approved BEFORE we became owners economically. But then we learned that according to current BGH case law, apparently the key factor may actually be the Fälligkeit date (when payment became due), not when it was decided.
The notary refused to take a clear side (understandably).
A colleague of ours mentioned that towards the WEG, the person who is owner at the time of Fälligkeit is liable. He also said the internal relationship between buyer/seller could depend on other factors such as when the invitation and agenda for the meeting were sent.
The sellers’ lawyer now demands that we pay the Sonderumlage.
What makes this difficult for us:
- The issue behind this Sonderumlage apparently existed for several years already
- Protocols mentioning these problems from 2–4 years earlier
- The previous owner says they “didn’t know” about the Sonderumlage beforehand
- However, the sellers was apparently the Hausverwaltung/administration of the building before the sale, so it is hard for us to understand how this was completely unknown
- None of this was really disclosed to us before buying
- We were even told the Hausgeld might decrease, but it actually increased significantly
The current house management informally told us that from a fairness perspective he personally understands why we would expect the previous owners to cover this, because the issue itself long predates the sale.
At the same time, we understand fairness and legal liability are not always the same thing.
So now we are stuck between:
- what “feels fair”
vs.
- what current German WEG/BGH law may actually say.
We are honestly just trying to understand:
- Is the legal situation really already settled completely against us?
- Does the wording of the Kaufvertrag help us at all?
- Does prior knowledge/non-disclosure matter in practice?
- Has anyone here experienced something similar?
Again, not trying to fight or avoid legitimate obligations. Just trying to understand whether this is truly black-and-white legally or whether there is room for negotiation/discussion.
Thanks a lot. ❤️