When contesting business plan resolutions in condominium owners' associations, the grievance of a complaining owner must continue to be determined on the basis of their share in the business plan. This was decided by the Federal Court of Justice (AZ: V ZB 9/23). This also applies following the amendment to the law, which has been in force since December 1, 2020 and stipulates that only advances and reserves, and no longer the entire economic plan, must be voted on.
The Federal Court of Justice overturned a decision by the Regional Court of Cologne, which had dismissed a plaintiff's appeal against a resolution by her homeowners' association as inadmissible. This decision by the Regional Court was based on an incorrect assessment of the plaintiff's complaint, which was directed against the approval of a business plan.
The case was referred back to the Cologne Regional Court by the Federal Court of Justice for a new decision. The BGH clarified that, even under the new law, the complaint of a condominium owner who contests a resolution must be assessed according to their share of the economic plan, even if the resolution only relates to the advances.
Source: juris.bundesgerichtshof.de
© Photodune
