Does an owners' association have to pay for the costs of tap water damage in an individual apartment if the insurance company only partially reimburses them? This question will be examined by the Federal Court of Justice (BGH) in a hearing on Friday, September 16, 9 a.m.. Beforehand, the case had already landed at the Local Court of Cologne (AZ: 204 C 171/19) as well as at the Regional Court of Cologne (AZ: 29 S 146/20).
The facts of the case are as follows: In an apartment in Cologne, tap water damage occurs repeatedly due to defective pipes (copper pipes). In 2018 alone, the costs for this amounted to around 85,000 euros. The owners' association has a building insurance policy that also covers tap water damage - without distinguishing between condominium and common property. Until now, the owners' association has commissioned a company to repair any tap water damage. The costs, including for damage to condominium property, were paid from the community account.
However, due to the frequency of damage, the insurance company now requires a deductible of 7,500 euros. In the event of water damage, all owners would therefore have to dig deep into their pockets. The owner of a unit in which no water damage has occurred so far has now filed a complaint against this. She does not want to pay for damage that occurred only to the defendant's individual property. Since the ruling could have various advantages or disadvantages for an owners' association or for the owners of individual apartments, it remains exciting.
Source: bundesgerichtshof.de
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