If there is a garden in a residential complex of a condominium owners' association (WEG), this basically belongs to the common property. If the use of the garden or certain parts of the garden area are assigned to an individual owner, as is often the case with a first floor apartment, for example, these are special rights of use. These must be listed in the declaration of partition. But what rights and obligations does the owner of the garden area transferred to him have and who pays for the costs of maintenance measures?
The consumer protection association "Wohnen im Eigentum e. V." (Living in Property) always advises WEGs to agree on detailed information about the responsibilities for the maintenance and setting of the special property and to put this in writing in detail in the declaration of division. For example, it should be clarified who is responsible for repairs to the garden fence and who must pay the costs. This is because co-owners often have no understanding of why they should share in the costs of repairs to another owner's separate property. Conversely, an owner who has been assigned special use rights also does not understand why he or she must comply with the requirements of the other condominium owners.
However, from a legal point of view, the garden or garden area, which has been defined as separate property, belongs to the common property. Therefore, it is always the owners of a WEG who decide which maintenance measures may and should be undertaken, who carries them out and who pays for the costs. Often, a declaration of ownership also states with which plants the garden or garden area may be planted. Structural changes are only allowed with the consent of the other owners. The responsibility for bearing the costs should also be part of the declaration of division.
Source: WiE
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