Condominium owners may not carry out structural changes without further ado if the other condominium owners have not been informed about them or do not agree with them. Due to the so-called "obligation to pass a resolution", they must, if necessary, bring about a resolution to grant permission by way of an action to replace the resolution. This is the result of a ruling by the Federal Court of Justice (BGH) (V ZR 140/22).
In the present case, the owners each occupy a semi-detached house. They have a special right of use to the part of the garden adjoining the respective half of the house. Now one of the owners had the idea of building a swimming pool in his part of the garden. The other owner then sued for injunctive relief and was granted justice by the local and regional courts. The owner, who had already started building the swimming pool, appealed.
However, this was rejected by the V. Civil Senate of the BGH. This is because the other owner can sue for injunctive relief, since "structural changes [...] must be permitted by a resolution of the condominium owners pursuant to Section 20 (1) WEG". The special right of use also does not grant the owner the right to fundamentally redesign the garden area, as is the case with the construction of a swimming pool.
Source: V ZR 140/22/bundesgerichtshof.de
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