In a condominium owners' association (WEG), disputes arose before the Hamburg-Wandsbek Regional Court. At an owners' meeting, a majority resolution allowed one owner to install a metal bicycle rack for two electric bicycles on his underground parking space. However, one of the owners did not agree with the resolution and sued for violation of the purpose of an "underground parking space" (AZ 318 S 167/14).
Since the declaration of partition does not contain an opening clause, the installation of the metal stand and the use of the underground parking space for electric bicycles would not correspond to proper administration. Rather, the use would have to comply with the principles of the Garages Ordinance (GarVo) and the Hamburg Building Code (HBauO). According to this, an underground parking space is defined as a "parking space for motor vehicles". Due to the attached metal bracket, it is also not possible to drive into the parking space without hindrance.
The defendant's argument that the underground parking space is special property also has no influence on the judgment of the Hamburg Regional Court. This is because the holding device for the electric bicycles would have to be installed in the floor of the parking space by means of structural measures. This is a structural intervention in the common property of the WEG, so that this measure could not be decided and approved in an owners' meeting anyway.
Source: LG Hamburg
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