Court ruling: Owners are allowed to install balcony doors despite WEG refusal!

Court ruling: Owners are allowed to install balcony doors despite WEG refusal!

In a recent judgment, the Munich District Court made an important decision in a dispute within a homeowners' association (WEG). The plaintiffs, owners of an apartment in a nine-story residential complex in Bogenhausen, had applied for permission to install a second balcony door. This step should be accomplished by converting a window in an adjacent room. Despite this plan, the WEG refused approval on the grounds that there could be possible cold and water ingress as well as problems with the heating system of the entire building. But the judges saw things differently and agreed with the owners. They instructed the community to make a corresponding resolution at the next owners' meeting and confirmed that the conversion represents a structural change to the common property, which can be approved under the Condominium Act (WEG) as long as other owners are not legally affected.

The court made it clear that WEG's concerns were merely theoretical and that no specific harm to other owners had been proven. In the specific case, the judgment became final and the file number is 1293 C 26254/24. The district court's decision therefore becomes more important in the ongoing discussion about structural changes within WEGs, especially with regard to the reform of the WEG.

Changes and challenges during structural changes

With the WEG reform, which came into force in 2020, there were some significant changes regarding structural changes to common property. As explained on Haufe, such changes are now clearly defined and include measures that go beyond the mere preservation of common property, including modernizing repairs. In principle, a resolution from the owners' association is necessary for every structural change. The costs must be borne by the apartment owners who have agreed to the measure.

It is important to know that there are exceptions to the cost distribution. For example, costs for modernizing maintenance measures approved by a majority must be borne by all apartment owners, provided they are amortized within a reasonable period of time. The regulation for latecomer homeowners, who are included in structural changes in return for an appropriate compensation payment, also plays a role. This shows how important good cooperation within the community is.

Legal knowledge as the key to harmonious coexistence

Another point that the Herfurtner law firm emphasizes is understanding the rights and obligations of apartment owners when it comes to reorganizing common property. Solutions to conflicts can often only be found if each owner is aware of their own powers. According to Section 22 Paragraph 1 WEG, structural changes are defined as interventions that do not just affect everyday maintenance. The WEG reform allows easier decision-making for measures that do not represent an unreasonable disadvantage for other owners.

The clear differentiation between structural changes and regular maintenance measures is crucial, as unauthorized modifications violate applicable law and can be severely punished. The Munich District Court's ruling not only provides a decision for the current case, but also provides important impetus for future practice within homeowners' associations. It remains exciting to see how the multitude of legal aspects in connection with the WEG will continue to develop.