Dispute over flower boxes: Munich court decides on the interpretation!
Dispute over flower boxes: Munich court decides on the interpretation!
München, Deutschland - In the heart of Munich, a dispute rages that heats the minds of the homeowners' community (WEG). The debate is about attaching flower boxes to balconies, which have always been attached to the outside in the past. But the latest developments are calling for a changeover, and that causes unrest. As the tz has decided that the long practice of external extension of flower. is not legally secured in time.
A resident had attached her flower boxes to the outer balcony side for years. Everything seemed to run according to plan until the neighbor underneath tackled her own project and glossed her balcony. This structural change led to unpleasant water damage resulting from the flower boxes of the upper apartment. As a result, the owner concerned complained against the new regulation of her path, which had decided that flower boxes may only be attached to the inside of the balcony railing.
Legal dispute over flower boxes
The Munich District Court checked the lawsuit (Az. 1293 C 12154/24 away) and came to the conclusion that the decision was lawful that is limited to attaching the flower boxes to the inside. The ladies and gentlemen judges declared liability for damage associated with the overflow of water as ineffective. This shows that the WEG has the right to regulate the attachment of flower boxes to protect the community from damage and pollution, such as the Specialist
The court emphasized that the long -term practice does not justify an automatically resulting law. Rather, individual circumstances must be taken into account. A criterion for the decision was that no concrete dangers had to be proven. Personal freedom rights of the plaintiff were not excessively restricted, since it was only a loss of about 30 centimeters depth on the balcony - the court did not represent this as unreasonable.
restrictions on planting
In general, tenants and apartment owners have to consider certain rules when planting balconies. Spring is planting time and many could now tend to transform their balconies into a green oasis. But the question remains: where can flower boxes be attached? According to the information from Haufe , but both landlords and co-owners can be allowed in Awift. This special case shows that the interests of the community can be placed on the individual preferences of the individual owners.With the new decision, there is a clear direction: the security and protection of community property come first. Moritz Himmelreich, a proven expert in WEG administration, makes it clear how crucial a clear regulation for a harmonious living together in the community is. The entire event shows that old habits sometimes have to be revised to create space for new, safer solutions.
| Details | |
|---|---|
| Ort | München, Deutschland |
| Quellen | |