The residents of an apartment building in Ratingen, North Rhine-Westphalia, are concerned that an ATM in the building could be blown up. The reason for this is that there are repeated reports in the media about ATM demolitions. The apartment building owner is therefore asking the bank to remove the ATM.
However, he had already failed at the Düsseldorf Regional Court (judgment of November 8, 2020, Az. 13 O 353/19). The community of owners then appealed – but also without success. Because the Düsseldorf Higher Regional Court (OLG) also decided that the ATM in the apartment building does not have to be removed.
According to the Higher Regional Court, the community of owners also approved the installation of an ATM along with the operation of a bank branch. However, the owners could only decide unanimously to change the rules for the use of their property, which did not happen. The merely abstract danger of an attempted access by criminals is not enough to prohibit the tenant of a part-ownership unit from using it as authorized.
Source: OLG Düsseldorf/(Az. I-9 U 25/21)
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