Condominium owners are not allowed to make structural changes without further ado if the other condominium owners have not been informed or do not agree to them. Due to the so-called "obligation to pass a resolution", they must, if necessary, bring about an authorization resolution 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 this case, the owners each live in a semi-detached house. They have a special right of use to the part of the garden adjoining each half of the house. Now one of the owners came up with the idea of building a swimming pool in his part of the garden. The other owner then sued for injunctive relief and was upheld by the local and regional courts. The owner who had already started building the swimming pool lodged an appeal.
However, the V. Civil Senate of the BGH rejected this. This is because the other owner can sue for injunctive relief, as "structural changes [...] must be permitted by a resolution of the condominium owners in accordance with Section 20 (1) WEG". The special right of use also does not grant the owner the right to fundamentally redesign the garden section, as is the case with the construction of a swimming pool.
Source: V ZR 140/22/bundesgerichtshof.de
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