Therefore, the highest civil judge decided that the plaintiffs could continue their lawsuits, some of which have been going on for years – as long as the owners’ community does not actively intervene and inform the relevant court in writing. This may be the case, for example, if the community wants to take over the process itself as a party. Or if she wants to prevent the landlord from continuing the proceedings, for example because she wants to settle the dispute in a way other than court.
Judge Kristina Streseman said the consideration is that it is in the interest of the apartment owners community if action is taken against collective property damage and rights defense.
It is important to note that the proceedings were pending before the court before December 1, 2020 – when the new law came into force. Neither Haus & Grund Germany nor Verein Wohnen im Eigen (WiE) knew how many lawsuits were on the brink. The problem occupied both associations.
Legal advisor Julia Wagner of Haus & Grund Germany spoke of a “magical solution”. When in doubt, it means less bureaucracy and cost savings for the individual. At the same time, the competence of the new community is taken into account. “We’ll see how that is put into practice,” Wagner said. It is important that the claimant does not bear the costs even if the community takes over the proceedings.
Michael Nack, legal counsel for WiE, explained that instead, the owner might have to sue the community first, so that they also lead that lawsuit. “Not only was this a waste of time and cumbersome, but it could also have resulted in a loss of rights due to the statute of limitations.” So the decision is good. But you highlight the failures of the legislature. The association also considers that the loss of owners’ direct claims as a result of a change in law is generally critical.
In order to be able to solve this general problem, the Karlsruhe judges negotiated a typical case from the state of Baden-Württemberg – and here, too, they came to a conclusion that now supposedly ends with four cypresses. A man from Mannheim is arguing with his neighbors about the plants near the property line that are getting bigger and bigger. He wants to cut it or at least cut it to a maximum height of 3.50 metres.
His lawsuit was successful in the lower courts. BGH judges also saw him on the right. They rejected the neighbors’ appeal that the plaintiff had the right to remove the cypress trees.
© dpa-infocom, dpa: 210507-99-507327 / 3
“Coffee trailblazer. Social media ninja. Unapologetic web guru. Friendly music fan. Alcohol fanatic.”