In a condominium owners' association (WEG), disputes arose regarding the distribution and consumption of heating costs. In the declaration of partition of the complex consisting of 154 apartments, a distribution standard for heating costs of 30 percent basic costs and 70 percent consumption costs was specified. The owner of twenty attic apartments contests the approval resolution and demands a new allocation of the distribution scale due to the low recording rate of the consumption heat share in the electronic heat cost allocators.
With her action for annulment (AZ V ZR 9/19), the owner demands a correction of the heating cost statement from 2014. She also objects to the proper administration of the heating cost allocation due to pipe heat losses, which are largely caused by the poorly insulated or not insulated pipes in the apartments. The pipes in the basement are exposed and mostly insulated. Due to this state of construction, only twenty percent of the heat consumed is captured.
The Federal Court of Justice (BGH) rejects the action for annulment. This is because according to Section 7 (1) Sentence 1 HeizKV, the distribution scale of 30/70 is within the prescribed framework. Thus, there is no possibility to settle the annual account on the basis of a different cost allocation key. Likewise, the low collection rate is not due to a device fault and thus to a device failure, but to poor insulation of the piping. However, the owner of the attic apartments, compared to the owners of the lower apartments is disadvantaged in that the lower apartments are already sufficiently warmed with a small opening of the valves of the radiators. Therefore, the plaintiff may in the future put up for discussion a redistribution of the distribution scale in the WEG or even demand technical conversion measures.
Source: BGH
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