Note the difference between maintenance and repair!

Landlords, WEG managers and owners not only have to know the content of the declaration of division, but also observe the difference between maintenance and repair.This is shown by a currently published judgment of the Federal Court of Justice (BGH, 9.12.2016, AZ.V ZR 124/16).

Break break can be crazy

The case decided by the BGH dealt with costs for repairing a pipe break.The pipe was the way in the community property.In the declaration of division the path was regulated that the costs of maintaining supply and disposal lines, if only used by an owner, are only borne by him.He then had to arrange the maintenance.

The BGH strictly adhered to the wording of this regulation.He decided that the path in the corresponding passage of the declaration of division had actually only regulated maintenance, but not the repair.The result: the repair remained a matter for the community.Since the repair of a water pipe damaged by a break is not maintained but a repair, the community has to pay for it, the BGH continues.

In this case, the fine differentiation between maintenance and repair had a very big impact, explains Alexander J.Schmitz-Elsen, lawyer and consultant at the association living in property (how).This does not make it easier for apartment ownership communities and owners.Because in practice it is not always clear what (still) maintenance and what (already) repair is.

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