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Karlsruhe (dpa) - A number of apartment owners are expected to be eagerly awaiting this judgment: The Federal Court of Justice (BGH) wants to announce today which legal channels they have after a legal reform (Az. V ZR 299/19).
A comprehensive reform of the Condominium Act from 1951 came into force on December 1, 2020.
Among other things, a community of owners can now only sue for joint rights as a whole.
Individual owners are no longer allowed to enforce such claims.
This raises the question of what happens to the ongoing proceedings of individual apartment owners.
There are no regulations for the transition.
Strictly speaking, the new law also applies to lawsuits that have long been filed.
It is unclear how many such proceedings are at risk.
The highest civil judges in Karlsruhe have chosen a neighborhood dispute from Mannheim as a model case.
The man from Mannheim argues with his neighbors about four cypress trees that are close to the property line and are getting bigger and bigger.
He wants them to be liked.
His lawsuit was successful in the lower courts, and the BGH judges also seemed to see him in principle in the right at the hearing at the end of March.
The only problem is the reformed law - because the man forms a community of owners with another person, but has sued alone.
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A possible solution was suggested during the negotiation: It would be conceivable that the BGH would allow plaintiffs to continue their litigation - as long as the community of owners does not actively intervene.
That would be much easier for those affected than if they had to subsequently seek a decision by the community.
© dpa-infocom, dpa: 210506-99-496240 / 2
Announcement by the BGH
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Announcement by the BGH
Regulation in the reformed law, § 9a Paragraph 2 WEG
Ministry information on WEG reform
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Association living in property on the WEG reform
Neighboring Law of Baden-Württemberg