Principles of the rights and obligations of the owners of the apartment
The significance of the "condominium owners' association" lies not only in the ownership, but also in the joint position of the owners. Each owner has the right to use and enjoy their special and common property as long as it does not interfere with the rights of others. The complex legal relationships between the owners and the manager cannot be fully presented here. Instead, the principles are explained and individual rights and obligations are delineated on the basis of concrete examples.
Section 13 of the Condominium Act defines the rights of the condominium owner. This includes the right to use parts of his or her condominium as he or she wishes, or to rent or lease them out and to exclude other persons from doing so. Pursuant to Section 13 (2), each owner is entitled to make structural changes to his property as long as this does not result in any disadvantage for the other condominium owners.
The use of the common property by the owner is also permitted (Section 16 (1) and (14)), but he must provide for the use by relatives or visitors. In addition, each owner has the duty to tolerate encroachments on his or her individual property and its possibilities of use, provided that another person makes lawful use of his or her right of use (Section 14).
These principles include the general requirement of consideration due to the interdependence of duties and rights. Accordingly, the use must be proper and must not disturb other apartment owners beyond the unavoidable extent. In practice, the assessment will often have to be made on a case-by-case basis, as generally applicable demarcations are difficult to make. This is the dilemma of the on-site manager, but it also offers an opportunity to raise his profile.
Right to use the special and common property
In the case of condominium ownership, the right to use the special property relates to living and generally excludes the exercise of a trade or business. However, the use of an apartment for the practice of liberal professions such as doctor or lawyer is permissible as long as it does not cause any disadvantages compared to the permitted use. When renting, care must be taken to ensure that the rental purpose is consistent with the intended use and that the use fits into the character and purpose of the condominium. In this regard, the local and structural conditions as well as the type and scope of the use must be taken into account.
Example
The use of a condominium as a doctor's office or physiotherapy practice is permissible as long as the visitor traffic does not unduly disturb. In contrast, the use as a paid daycare center for five children is not permitted (BGH, NZM 2012, 687).
Within the framework of the declaration of partition, the dividing owners shall additionally issue community regulations pursuant to Section 10 (1), Sentence 2. These shall supplement and concretize the general purpose provisions in the law and in the partition plan. The designation of rooms in the partition plan is not binding and, in case of doubt, information provided by the architect in the approval plan is subordinate. The community regulations can also be referred to as the "community statutes", similar to association law.
Examples of the limits of use include:
- The designation "business or commercial premises" in the community regulations or declaration of division also includes use as a restaurant.
- A restaurant, dance cafe, dry cleaner, ice cream parlor, or sex store are not compatible with the narrower purpose as a retail store.
- The operation of a medical practice is not permitted under the designation "office for partial ownership".
- It is the responsibility of the administrator to sound out the limits of use in individual cases and to demand compliance. The order of examination is: resolution, house rules, community rules, declaration of division. The statutory provisions of §§ 13 and 14 are used as a supplement. The limits of use lie where they infringe the exercise of the rights of the other co-owners.
If the administrator does not find any regulations for use, he must enforce the use which corresponds to the interest of the entirety of the owners (§ 18 para. 1+2, 9b). Regulations for use by majority resolution according to § 19 para. 1 can be made, as far as they do not contradict already existing regulations in the declaration of division and community rules.
Examples of use regulations include:
- Prohibition to play music at certain times of the day and night
- Regulations for the use of elevator, swimming pool, sauna and garage, numerical limitation of keeping pets
- Closing times, rest period regulations
- Keeping animals can not be generally excluded, including the keeping of a Doberman
- Poisonous reptiles are not allowed.
The change to Ralph is uncomplicated.
Right to use the special and common property
In the case of condominium ownership, the right to use the special property relates to living and generally excludes the exercise of a trade or business. However, the use of an apartment for the practice of liberal professions such as doctor or lawyer is permissible as long as it does not cause any disadvantages compared to the permitted use. When renting, care must be taken to ensure that the rental purpose is consistent with the intended use and that the use fits into the character and purpose of the condominium. In this regard, the local and structural conditions as well as the type and scope of the use must be taken into account.
Example
The use of a condominium as a doctor's office or physiotherapy practice is permissible as long as the visitor traffic does not unduly disturb. In contrast, the use as a paid daycare center for five children is not permitted (BGH, NZM 2012, 687).
Within the framework of the declaration of partition, the dividing owners shall additionally issue community regulations pursuant to Section 10 (1), Sentence 2. These shall supplement and concretize the general purpose provisions in the law and in the partition plan. The designation of rooms in the partition plan is not binding and, in case of doubt, information provided by the architect in the approval plan is subordinate. The community regulations can also be referred to as the "community statutes", similar to association law.
Examples of the limits of use include:
- The designation "business or commercial premises" in the community regulations or declaration of division also includes use as a restaurant.
- A restaurant, dance cafe, dry cleaner, ice cream parlor, or sex store are not compatible with the narrower purpose as a retail store.
- The operation of a medical practice is not permitted under the designation "office for partial ownership".
- It is the responsibility of the administrator to sound out the limits of use in individual cases and to demand compliance. The order of examination is: resolution, house rules, community rules, declaration of division. The statutory provisions of §§ 13 and 14 are used as a supplement. The limits of use lie where they infringe the exercise of the rights of the other co-owners.
If the administrator does not find any regulations for use, he must enforce the use which corresponds to the interest of the entirety of the owners (§ 18 para. 1+2, 9b). Regulations for use by majority resolution according to § 19 para. 1 can be made, as far as they do not contradict already existing regulations in the declaration of division and community rules.
Examples of use regulations include:
- Prohibition to play music at certain times of the day and night
- Regulations for the use of elevator, swimming pool, sauna and garage, numerical limitation of keeping pets
- Closing times, rest period regulations
- Keeping animals can not be generally excluded, including the keeping of a Doberman
- Poisonous reptiles are not allowed.
