Dispute over flower boxes in Munich: Court decides against the owner!
Dispute over flower boxes in Munich: Court decides against the owner!
In a Munich community of apartments (WEG), a violent dispute over the attachment of flower boxes has flared up. The topic is not new, but the conflicts around balcony decorations are increasing - especially when individual freedom meets community interests. An owner had proudly put her flower boxes on her balcony for many years. Now everything could change.
The problem started when the resident of the apartment underneath glazed her balcony. This structural change led to unpleasant consequences: overflowing water from the flower boxes was a danger to the path. Then the owner community decided in 2024 that all balcony boxes will have to hang in the future. It was also determined that the owner caused is liable for possible damage and dirt. This decision met with resistance, and the owner concerned strictly strained a lawsuit in order to be able to adhere to the previous practice that she considered legitimate. The TZ reports that the district court in Munich decided to declare the regulation to be liable, but the lawsuit. The reason: A longstanding practice alone does not claim to be permanent approval of the external submission.
The court ruling and its consequences
An important argument of the court was that the attachment of flower boxes always depends on the individual case. The WEG resolution to the interior of the interior is a measure that is justified as part of the proper administration to avoid damage to community property. Interestingly, proof of a concrete danger from the flower boxes does not have to be provided. The judge emphasized that the planting could also be easily possible with boxes attached inside. as Infranken.de explains the current judgments of the conflict between individual freedom and community interests.
An expert in Wegenverwaltung, Moritz Himmelreich, added that it is important to set limits to promote harmonious living together. As we all know, flower boxes can quickly lead to tensions within a community of owners. Especially safety aspects and the look of the residential complex play a major role. The court also found that flower boxes are not allowed to hang out if they are insufficiently secured - this can be a danger not only for humans, but also for pre -inserting animals. In addition, it was stated that the previous arrangements have already made damage to the facade.
a narrow line between freedom and responsibility
The topic around flower boxes once again shows how important it is to compensate for individual wishes and community interests. A way can make decisions that cause displeasure across the ranks of the owners - but ultimately it is about maintaining the community property and the security of everyone involved. The regulations were for the first time after 40 years and show how living together can and should work in a path. Haufe illuminated this also in further judgmental examples. It remains to be seen whether the owner accepts the decision of the district court or whether she will pursue her legal process.
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| Ort | München, Deutschland |
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