The residents of an apartment building in Ratingen, North Rhine-Westphalia, are worried that an ATM in the building could be blown up. The reason for this is that there are repeated reports in the media about ATMs being blown up. The owner of the apartment building is therefore demanding that the bank remove the ATM.
However, he had already failed at the Düsseldorf Regional Court (ruling from November 8, 2020, case no. 13 O 353/19). The community of owners then appealed - but also without success. The Düsseldorf Higher Regional Court (OLG) also ruled that the ATM in the apartment building did not have to be removed.
According to the OLG, the community of owners had also approved the installation of an ATM with the operation of a bank branch. However, the owners could only decide to change the rules of use of their property unanimously, which had not happened. The mere abstract risk of an attempt to gain access by criminals was not sufficient to prohibit the tenant of a part-ownership unit from using the property as approved.
Source: OLG Düsseldorf/(Ref. I-9 U 25/21)
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