A resolution regarding the renovation of the underground parking garage, new house rules, or the hiring of a specialized contractor can still have a significant impact years later. Anyone who wants to maintain a proper collection of condominium association resolutions is therefore doing far more than simply keeping documents organized: they ensure that decisions are transparent, protect the community from disputes, and provide owners with reliable information about the current status of resolutions.
For condominium associations, the resolution log is a legally required working tool. Its importance becomes particularly evident when there is a change in property manager, during a sale, or when previous resolutions are to be implemented. It is not enough simply to have one; it must be complete, up-to-date, and clearly maintained.
How the collection of resolutions differs from the minutes
The collection of resolutions is often confused with the minutes of the owners’ meeting. However, the two documents serve different purposes.
The minutes record the proceedings of a specific meeting: attendees, agenda, speakers, voting results, and, if applicable, notes on the course of the meeting. They thus document the events that took place on a specific day.
The collection of resolutions, on the other hand, is a continuously updated list of decisions relevant to the community. It is intended to show at a glance which resolutions, agreements, and final court decisions are in effect. For example, anyone who wants to check whether a livestock management regulation, a cost-sharing arrangement, or a remediation resolution is still in effect should not have to search through several years’ worth of meeting minutes.
Another important point: The collection of resolutions does not replace the meeting minutes. Even a well-organized entry does not make proper meeting minutes unnecessary. Conversely, the collection must not consist solely of a file of minutes.
Legal Requirements for a Collection of WEG Resolutions
The obligation to maintain this record arises from Section 24(7) of the Condominium Act. The property manager is responsible for this. Owners may request to inspect the collection of resolutions. This right of inspection is an essential component of transparent management.
The collection should initially include the full text of all resolutions passed by the condominium owners, along with the location and date of the resolution. Written agreements among the condominium owners should also be included. Final court decisions in disputes under condominium law should likewise be included, along with the date and the court.
Each entry is numbered consecutively and marked with the date of entry. Resolutions and agreements must be entered immediately. In the case of court decisions, the entry must be made once the decision becomes final. This may sound like a formality, but it prevents a common source of uncertainty: If months pass between the adoption of a resolution and its entry, there is a risk that owners or contracted service providers will be working with outdated information.
The legally required format is not limited to a traditional paper-based ledger. Digital record-keeping is possible and often practical in day-to-day administrative work, provided that completeness, order, and long-term availability are ensured. It is crucial that the collection be organized in an audit-proof manner and that it can be accessed as needed without time-consuming research.
Here’s How to Keep the Resolution Log Organized in Your Day-to-Day Work
A well-organized collection of resolutions begins with the preparation for the owners’ meeting. Proposals for resolutions should be worded in such a way that, after the vote, a clear, actionable resolution text is available. Ambiguous phrasing such as “The property manager will handle the repair” is problematic. It is better to have a resolution that clearly describes the measure, the budget, the financing, and, if applicable, the authorization.
After the meeting, it is not the entire excerpt from the minutes that is recorded, but rather the final text as adopted. Any changes that arose during the deliberations must be taken into account. Especially when there are multiple versions or amendments, it is worth carefully cross-checking the voting results, the minutes, and the entry.
In a professional administrative organization, a set procedure has proven effective: Once the minutes are approved, the resolutions passed are promptly added to the collection, numbered, and checked for completeness. The documents are clearly assigned to the respective property. A digital filing structure also makes it easier to locate the relevant invitation, bids, minutes, and invoices associated with a particular resolution.
When it comes to large-scale projects, it is not enough to simply keep track of the original policy decision. Follow-up decisions regarding contracting, financing, special assessments, or construction supervision must also be accurately documented. This ensures that, even years later, it remains clear which decision was made and on what basis.
Common Mistakes and Their Consequences
In practice, problems rarely arise from a single, spectacular error. More often than not, they result from small oversights that accumulate over the years. These include late entries, missing registration data, duplicate numbers, or resolution texts that differ from the actual wording of the resolution.
Particularly problematic is the assumption that a resolution that was later rescinded or declared invalid can simply be removed from the collection. The community’s history must not be retroactively altered. Instead, the facts of the matter must remain documented in a way that is transparent. Depending on the case, the original resolution must be contextualized with a supplementary note referencing the court decision or a subsequent resolution revoking it. This makes it clear what was decided and what effect the decision still has today.
The value of a complete record also becomes apparent during changes in ownership. Buyers and financing banks often want to know whether special assessments have been approved, construction projects are planned, or ongoing obligations have been assumed. An incomplete record leads to follow-up questions, delays, and, in the worst case, mistrust.
Errors in the collection of resolutions do not automatically render a resolution invalid. Nevertheless, the property manager may be in breach of duty if the collection is not properly maintained. For the community, this means avoidable risks—organizational, legal, and financial.
Assessing Special Situations Correctly
Not all information from the meeting belongs in the record of resolutions. Contributions to the discussion, general opinions, rejected motions, or mere administrative announcements are not resolutions that need to be recorded. Documenting them may be useful for the minutes, but would make the record of resolutions unnecessarily confusing.
The situation is different for resolutions that are later replaced by a new resolution. The earlier entry remains as part of the resolution history. The new resolution is assigned its own sequential number. The relationship between the two decisions should be clearly identifiable. This applies, for example, when a budget is adjusted or a measure originally approved is revised due to changes in bids.
Resolutions adopted in writing require the same level of care as those adopted at in-person or online meetings. What matters is that there is no doubt as to the conclusion of the agreement or the adoption of the resolution, and that the wording is recorded correctly. The chosen form of communication does not exempt the parties from the obligation to document the proceedings.
Transparency Requires Clearly Defined Responsibilities
A collection of resolutions can only function reliably if responsibilities and control procedures are clearly defined. This is just as important for small communities as it is for large facilities with complex technical measures and numerous service providers.
Owners should not wait until a conflict has arisen to request the records. Reviewing them regularly—for example, in connection with the annual owners’ meeting—increases transparency and helps identify ambiguities early on. As part of its advisory role, the management advisory board can ensure that the status of resolutions is presented in a clear and understandable manner. However, it does not assume the property manager’s statutory management responsibilities.
For administrative bodies, the collection of resolutions is a mark of quality. It demonstrates whether work processes are consistently organized and whether a community’s decisions remain in effect even through personnel changes. This continuity is particularly crucial for real estate that retains its value over the long term.
A carefully maintained collection of resolutions does not create consensus when interests diverge. However, it ensures that decisions are not left vague. This provides owners with a solid foundation for further developing their community with clarity, reliability, and a shared vision for the property.
