Free judgments and court decisions

Free judgments and court decisions

Even a retired condominium owner is authorized to file an action for rescission if he was still registered as the owner in the land register at the time the action was filed.

The adoption of a resolution on an annual statement is null and void if it was not yet available at the time the resolution was adopted.

If the submitted annual account does not contain the debit amounts for the house money advances, but the actual amounts of the house money payments made, which were already titled in the decided economic plan, the account is void because of an inadmissible double load. AG Recklinghausen, AZ: 90 C 49/21, 26.04.2022

On the prerequisites for an action to replace a resolution of an unapproved annual account, § 28 WEG In the context of proceedings pursuant to § 44 para. 1 S. 2 WEG is sufficient in the formulation of the resolution replacement request to specify the legal protection objective, a specific request is not required.

Due to the principle of submission applicable in civil proceedings, it is the responsibility of the plaintiff to provide the court with a sufficient basis of knowledge by submitting all facts relevant to the discretionary decision in advance.

Because the court is to decide in place of the owners, the principle of delivery requires the submission of all documents. For example, it depends decisively on the individual statements also of the other owners, in which the respective contribution is determined.

If accounting deficiencies can be remedied and a correction cannot be ruled out, a renewed referral to the condominium owners may be a precondition for the admissibility of the action before an action is brought to replace the resolution. AG Bottrop, AZ: 20 C 15/20, 22.04.2022

On the granting of inspection of the administrative documents of the WEG association Every condominium owner has the right to inspect all administrative documents. The presentation of a special interest is not required for this purpose.

The possibility to inspect documents at an owners' meeting fulfills the claim under § 18 para. 4 WEG not. AG Essen-Borbeck, AZ: 24 C 822/2021, 21.04.2022

On the forfeiture of a claim for injunctive relief for an improper use (her: medical practice in an apartment); §§ 10 Abs. 3, 14 WEG, 1004, 242 BGB If the use practiced by the condominium owner contradicts the intended purpose, this only justifies omission of the use contrary to the intended purpose if this disturbs more than the use in accordance with the intended purpose.

Is a claim for injunctive relief under §§ 15 para. 3 WEG aF, 1004 BGB due to an unauthorized use already forfeited by all condominium owners, the successor in special rights is also bound by the legal situation that has arisen.

The owner is liable according to. § 278 BGB for the misconduct of third parties who come into contact with the common property and damage it. Frankfurt am Main Regional Court, AZ: 2-13 S 131/20, 31.03.2022

2-week delivery period of § 33 para. 1 no. 9 OWiG does not apply to second penalty notice If the first penalty notice could not be served and the authority then issues a second penalty notice, this does not interrupt the statute of limitations if it is not served within 3 months, § 26 Para. 3 StVG, was served. The two-week period of § 33 para. 1 no. 9 OWiG does not apply in this case.

The authority should have served the first penalty notice again. Then this would have interrupted the statute of limitations for prosecution with the date of service. AG Bottrop, AZ: 29 0Wi-81 Js 1161/21-407/21, 30.03.2022

Traffic accident of a rented car with hit and run – Who is liable for the damage to the car rental company? Who is the driver? Who is a tenant? The opposing party has the secondary burden of presentation if the party obliged to present the case is outside the course of events to be presented by it, does not have more detailed knowledge of the relevant facts and cannot obtain this knowledge, while the opposing party has the knowledge and can reasonably be expected to provide more detailed information.

Even if it is one of the rules of a car rental company that the person who pays the rent also signs and thus becomes a contractual partner, the fact that the defendant paid the rent for the vehicle does not indicate that he should or wanted to become the tenant of the vehicle. LG Essen, AZ: 4 O 245/18, 28.03.2022

Damage to common property (here: hallway) by the tenant of a condominium does not entitle the tenant to retain the deposit after termination of the tenancy; §§ 5, 9a WEG; 398, 551 BGB Any damage to the staircase of a condominium owners' association by the defendant or persons commissioned by it give rise to a claim for damages, which according to § 9 a para. 2 WAY n.F. Only the legally capable condominium owners' association can assert against the former tenant of a condominium. AG Munich, AZ: 414 C 22283/20, 26.03.2022

Resolution on full-year financial statement is not to be interpreted as approval of asset report under law reform/ withdrawal of reserves may not be recorded as expenditure. Resolutions passed at an owners' meeting are open to interpretation. In the present case, the interpretation shows that the owners only wanted to decide on the payment obligations resulting from the arithmetic units, not on the asset report now to be prepared pursuant to. § 28 Abs. 4 WAY n.F.. This result follows without constraint from generally applicable rules of interpretation, according to which it must be assumed in case of doubt that the owners did not intend to pass an illegal resolution.

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