display
Karlsruhe (dpa) - Numerous apartment owners in legal disputes can breathe a sigh of relief. The Federal Court of Justice (BGH) saved her from her proceedings being invested in vain and the necessary money for lawyers. In spite of a legal reform, they can initially continue processes on their own, even if they are members of an owner association. The Karlsruhe judges decided on Friday and thus clarified an important legal question for many of those affected (Az. V ZR 299/19).
After a comprehensive reform of the Condominium Act from 1951, which has been in force since December 2020, a community of owners can now only sue for common rights as a whole. Individual owners are no longer allowed to enforce such claims. This raised the question of what happens to individual apartment owners that are already running. There are no general transitional provisions in the law for the transition.
The fifth civil senate came to the conclusion that the legislature had not recognized this loophole.
However, according to the BGH, he did not intend that numerous processes were useless and that considerable effort and many additional costs would now arise.
That would be the case if they all had to be rolled up again.
If that had been the intention, the reasons for the law would contain an explanation, it said.
display
Therefore, the highest civil judge decided that the plaintiffs can continue their litigation, some of which has lasted for years - as long as the community of owners does not actively intervene and inform the respective court in writing.
This could be the case, for example, if the community wants to take over the process itself as a party.
Or if she wants to prohibit the apartment owner from continuing the proceedings, for example because she wants to settle the conflict in a way other than in court.
The consideration, said the presiding judge Christina Stresemann, is that it is in the interest of the community of apartment owners if action is taken against impairment of communal property and rights are fought for.
It is important to note that the proceedings were pending before a court before December 1, 2020 - when the new law came into force.
Neither at Haus & Grund Germany nor at the Verein Wohnen imbesitz did they know exactly how many such lawsuits were up for grabs.
The problem preoccupied both associations.
display
Legal advisor Julia Wagner from Haus & Grund Germany spoke of a “charming solution”.
In case of doubt, it means reducing bureaucracy and saving costs for the individual.
At the same time, the new Community competence is taken into account.
"We'll see how this is then implemented in practice," said Wagner.
It is important that the plaintiff does not have to bear the costs even if the community takes over the proceedings.
In order to be able to solve this general problem, the Karlsruhe judges had negotiated a model case from Baden-Württemberg - and also came to a conclusion here that should now seal the end of four cypresses.
A man from Mannheim argues with his neighbors about the plants that are close to the property line and are getting bigger and bigger.
He wants them to be felled or at least cut back to a maximum height of 3.50 meters.
His lawsuit was successful in the lower courts.
And the BGH judges also saw him in the right.
They rejected the neighbour's appeal that the plaintiff had a right to have the cypress trees removed.
display
© dpa-infocom, dpa: 210507-99-506168 / 3
Announcement by the BGH
Announcement by the BGH
Regulation in the reformed law, § 9a Paragraph 2 WEG
Ministry information on WEG reform
Association living in property on the WEG reform
Neighboring Law of Baden-Württemberg
judgment