Unauthorized renovation - who bears the costs?

30.10.2019

According to the German Federal Court of Justice, windows and frames are, according to settled case law, in the common ownership. This means that the owners' association (WEG) is basically responsible for an exchange and also has to bear the associated costs.

The BGH has already decided in older judgments that an owner who carries out maintenance and repair measures on his own initiative is in principle not entitled to compensation.

So far, an exception to this rule has been made if the WEG should have carried out the same measure anyway and the other apartment owners could not have decided otherwise in the course of proper administration.

The BGH gave up this legal view in its judgment of June 14, 2019 (V ZR 254/17). The resulting delimitation and evidence difficulties already speak against such an exception. In addition, the unauthorized decision of an owner impermissibly limits the freedom of the WEG.

Although in the present case an incorrectly interpreted Declaration Of Division led to the owner erroneously assuming that he was responsible for the replacement of the windows, the BGH judged that in practice it was difficult to distinguish when an erroneous action or when an unauthorized action occurred.

   info@btconsult-hv.de     +49 7042 2839021    +49 176 62472161
Unterstützt von Webnode
Erstellen Sie Ihre Webseite gratis! Diese Website wurde mit Webnode erstellt. Erstellen Sie Ihre eigene Seite noch heute kostenfrei! Los geht´s