Munich Local Court, 16 October 2014, Ref.: 483 C 2225/14 WEG
If condominium owners in a condominium owners' association wish to make structural changes to a residential complex, in the vast majority of cases they require the consent of the majority or all members of the condominium owners' association.
Classic measures for which the consent of the other members is often required are, for example, conversions and extensions in balcony and terrace areas, the construction of a car port on a parking space, or the installation of satellite reception systems.
In the Munich Local Court case discussed here, the court had to decide whether members of a condominium were allowed to keep a garden shed that they had erected in the garden of the complex without the consent of the other members.
Facts of the Case:
The plaintiff and the two defendants were members of a WEG
The plaintiff lived on the first floor, the defendant couple on the ground floor below. The two defendants wanted to erect a garden shed on their special use area in the garden and submitted an application to this effect at an owners' meeting in June 2012. However, the other owners refused to give their consent.
Nevertheless, the defendant couple erected a shed measuring 1.3 metres x 1.8 metres x 2.05 metres and a mobile wooden terrace measuring 1.2 metres x 2 metres on the special use area. The plaintiff then demanded the removal of the shed, as the garden shed was detrimental to the appearance of the property and the intensive use of the garden disturbed his work at home.
Despite a negative vote by members, the defendants erected a garden shed
The defendant couple refused to remove the garden shed and terrace. The plaintiff could barely see the garden shed from his flat. The lawnmower and garden tools had to be stored in the garden shed.
Finally, the plaintiff brought an action before the Munich Local Court.
Judgement of the Munich Local Court:
Munich Local Court orders defendant to remove the garden shed
The Munich Local Court agreed with the plaintiff and ordered the couple to remove the garden shed and to refrain from erecting the mobile terrace.
The erection of the garden shed and terrace is a structural alteration within the meaning of the Condominium Act, which changes the external appearance of the common property. There was no authorisation resolution by the homeowners' association. The community rules also prohibited the erection of a garden shed. The defendants also had no special right of use in this regard. The plaintiff was therefore not insignificantly affected by the construction.
The court came to this judgement in particular after looking at the photos submitted: The photos would show the size and brown colour of the garden shed as well as the wooden terrace.
The garden shed and the terrace would increase the risk of noise pollution for the other owners
These would stand out from the white house façade and the white windows, and the neighbouring houses would also be white. More intensive use of the garden would be associated with increased noise pollution. As the defendants themselves would argue, it would be difficult to use the garden area due to the unevenness of the ground. The mobile wooden terrace provides a remedy in this respect and allows the garden area to be used much more easily and therefore more intensively. The defendants were therefore in breach of their obligations as homeowners.
Source: District Court of Munich
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
If you need legal advice, feel free to call us at 0221 – 80187670 or email us at info@mth-partner.de.
Lawyers in Cologne provide advice and representation in tenancy law.
