The owners of several apartments in a multi-family house have installed external blinds on the windows of their apartments without the consent of the other apartment owners. Since the blinds constitute a structural change to the common property pursuant to Section 22 (1) WEG and affect the other tenants to a certain extent pursuant to Section 14 No. 1 WEG, the owners of another apartment filed a lawsuit against this structural change. They demand that the defendants remove the external blinds on all windows.
The Senftenberg Local Court rejected the claim. The appeal before the Frankfurt (Oder) Regional Court was also unsuccessful. The decisive factor for the court ruling was a resolution passed by the condominium owners at an owners' meeting during the legal dispute and the appeal proceedings. On September 28, 2018, the condominium owners' association (WEG) decided that the installation of shading devices or shading blinds on the balcony and façade structure facing the courtyard and southward was permitted to all condominium owners. The prerequisite for this is that the blinds fit in with the structural design of the apartment building and that all shading systems create a uniform and harmonious image.
Likewise, the costs for the structural measures as well as any follow-up costs must be borne by the respective owners themselves. If damage occurs in connection with the installed blinds and is not covered by the building insurance, the owner is also liable in this case. There is no entitlement to a distribution of the costs incurred among all members of the WEG, as the measures to install the blinds were not decided as a joint measure for the property. The co-owners and the plaintiffs are obliged to acquiesce as long as the contents of the resolutions passed are observed and complied with by the defendants.
Source: BGH
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