Freitag, 26.01.2024
Permanent ban on use in WEGs
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
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As a specialist lawyer for tenancy and residential property law at caspers mock Anwälte, Lars Christian Nerbel examines an issue in connection with communities of apartment owners:
the permanent ban on the use of common property by majority vote.
- In principle, a majority decision cannot impose a permanent ban on the use of common property, as a 2021 BGH case shows.
- Even in the case of a lack of road safety, a permanent ban on use is not permissible, since the WEG is obliged to remedy serious structural defects, regardless of the associated costs.
Costs arising from neglect or failure to fulfill maintenance obligations do not constitute grounds for excluding reconstruction.
- The ban on use can only be temporary, until the necessary defects have been remedied, as clarified by the BGH.
- However, there is an exception under Section 22 of the German Condominium Act (WEG) for the right to rebuild, but the destruction must not be the result of neglect or a renovation backlog, but must be due to a specific event such as an explosion or flood.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.