Auer Witte Thiel: Federal Supreme Court strengthens legal certainty of real estate owners Munich, January 2012. Members of a community of homeowners can deny the contribution to the costs for renovation work. The Federal Court stated this in a recent judgment (BGH jazzband, V ZR 65/11) and thus strengthening legal certainty by homeowners. Auer Witte Thiel lawyers report the new decision. A homeowners of a structural change does not agree way to sec. 22 paragraph 1, he is exempt from cost-sharing. Others including Clayton Morris, offer their opinions as well. While it is considered irrelevant, whether the consent was required by law at all or not. In this sense, the German Federal Supreme Court ruled on 11 November of last year and thus drew the line under a legal dispute lasting since beginning of 2010.
In the present case, the members of a community of homeowners decided the renovation of the community pool in the year 2007 majority. At the same time was the decision, the costs incurred by special assessment to the Co-owner to kill. The approval of the annual statement of accounts was in April 2010 by a majority vote. Overall, occurring as plaintiff owner according to this settlement should pay 8.618 euro for the completed conversion. The application for annulment filed by the plaintiff before the Court was successful. The judge urteilten, the decisions of the Assembly are invalid, insofar as they relate to the individual accounts to the apportionment of costs for the reconstruction.
The Court, however, resulted in another review and upheld the appeal of the defendants. Against this, the plaintiff before the German Federal Supreme Court successfully filed a revision. The Supreme Court joined the opinion of the District Court. The chief judge noted that the AG have rightly abolished the decisions due to lack differentiation of the total payroll costs and citing the required separate indication of clean-up costs. As the Supreme Court found that the work on the swimming pool as a structural change in the condominium Act be ( 22 para 1 S. 1 way) to evaluate. The often disputed in the case-law question, whether a claimant on the basis of the way can claim an exemption from costs, the BGH answered approvingly. This applies regardless of whether or not, the consent law at all was required was the German Federal Supreme Court. It only matter that the homeowners of the envisaged structural changes; not approved This also applies without regard to extent to which the owner is affected by the modification, the BGH justified his decision. Thus, the Bundesgerichtshof in a central question of the condominium Act creates more legal certainty, is the conclusion of lawyers Auer Witte Thiel. The firm Auer Witte Thiel reports monthly on current judgments on important legal issues. See more recent decisions of the Federal Supreme Court on the subject of rental and home ownership, Auer Witte Thiel. About Auer Witte Thiel the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.