Dispute over balcony boxes in Munich: Court makes a clear decision!

Dispute over balcony boxes in Munich: Court makes a clear decision!

A heated argument among the apartment owners in a Munich residential complex is causing a stir. An owner is taking legal action against a decision by her homeowners association (WEG) that concerns the installation of flower boxes on the outside of the balconies. The background story is as exciting as it is complicated.

The plaintiff has been part of the homeowners' association for a long time, but the recent decision that flower boxes must be installed inside in the future upset her. The reason for this unexpected change: A resident of the apartment below subsequently glazed her balcony and converted it to provide thermal insulation. When it rains heavily, the new arrangement seems to pose a problem because the water from the flower boxes now drips onto the ledge of the glass balcony instead of seeping directly into the ground. This not only causes damage, but also tensions within the community of owners, as Merkur reports.

The decision and its consequences

At the owners' meeting in 2024, it was decided that all flower boxes must hang inwards in the future. This resolution aims to prevent further damage to common property. Liability for any damage and contamination that may occur should be borne by the owner who caused it. But this regulation caused great dissatisfaction among the plaintiff, who wanted to stick to the previous practice. She filed a lawsuit against the new decision, but with limited success.

The Munich District Court decided on November 12, 2024 that the regulation regarding liability for damages was declared invalid, but it dismissed the owner's lawsuit in its entirety. The judges made it clear that the decades-long practice does not give rise to a right to permanent approval and that it is not necessary to prove a specific risk posed by the flower boxes. Rather, the decision was to be viewed as proper administration within the meaning of the WEG, as the press release from the District Court of Bavaria emphasizes.

The legal framework

A look at the legal basis shows that in most cases balconies are part of common property, even if they are accessible from certain apartments (special property). Structural parts of the balcony, such as railings and outside sides, are also common property and therefore relevant to any structural changes. Damage that occurs to the separate property and affects the common property must be borne by the WEG, while conversely the owners are responsible for damage to the common property that could be caused by their separate property, explains Matera.

The district court's decision to declare the previous judgment as final left the plaintiff completely frustrated. Her argument that the new regulation would reduce the area on her balcony by just 30 cm was not heard in court. The judges also determined that unauthorized structural changes to the apartment below were not part of the proceedings. This means that the decision of the owners' meeting from last year remains legally binding.

This incident impressively shows how important it is to clearly define the rights and obligations within a WEG. The living situation often becomes a playground for heat and emotions. But the bottom line is that this example also reminds us that legal regulations and the amicable resolution of conflicts are essential to ensure a harmonious living environment.