New regulations in the Condominium Act offer more flexibility in the allocation of costs for maintenance measures. According to the judgments V ZR 81/23 and V ZR 87/23 of the Federal Court of Justice (BGH), owners' associations can now pass resolutions that provide for a specific cost allocation at the expense of individual owners for the maintenance of the common property. This enables the distribution of maintenance costs to be adapted to the individual usage conditions.
One of the cases dealt with the costs for the repair of so-called double parkers, which from now on should no longer be borne by the entire community of owners, but only by the owners of the double parkers (V ZR 81/23). The court decision confirmed that such a specific allocation of costs is permissible as long as it takes into account the usage options of the affected parties and does not lead to unjustified discrimination.
In the other case (V ZR 87/23), owners decided to replace a defective skylight belonging to the common property. They decided that the owner of the attic apartment should bear the costs alone. The owner took legal action against this, but was also unsuccessful. The BGH emphasized that the new version of the Condominium Act creates greater leeway for individual regulations on the bearing of costs within communities of owners.
Source: bundesgerichtshof.de/AZ: V ZR 81/23 & V ZR 87/23
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