Hello everyone,
After learning a lot from this forum, I now need your advice. Of course, not legal advice, just tips on what else we should consider, as I tend to be too lenient.
The situation:
We own a ground-floor apartment in a six-unit building constructed in 1961. Recently, water entered our neighbor's ground-floor kitchen and bathroom. It turned out that water is leaking down a utility shaft due to a leaking roof. The roof is mainly leaking because of the dilapidated bathroom window of an attic apartment (you can put your hand outside under the window frame). The beams in that area are partly rotten. In the other attic apartment, some windows are also somewhat leaky, and possibly there are other problem spots on the roof, but not as severe as on the other side. The roof has never been refurbished since the building was constructed. The attic apartments were largely self-finished by the original buyers during the building’s subdivision and sale in the early 1990s. Due to a rat problem, I was able to take a look inside the crawl space; the insulation consists of loosely stuffed glass wool. Above the apartments is an uninsulated pitched roof space.
The first quotes for roof renovation have already arrived, around 60,000 euros, including scaffolding, stripping, insulation, new windows, and reroofing.
Of course, the costs are a major issue now—who pays what—and the reserves are far from sufficient.
In 1998 (before our time), a resolution was passed stating that maintenance and repair of the windows are the responsibility of the individual apartment owners.
The cost-sharing for the roof is clear, but we see the windows as a gray area. I have also considered making claims for damages against the attic residents since the problem arose due to their lack of maintenance.
I’m thinking about hiring a lawyer. The property manager isn’t very helpful (a one-woman operation) and doesn’t seem legally knowledgeable. On the one hand, we want to avoid conflict in the building, but on the other hand, we don’t want to give anything away for free.
What would you do? Who else can we turn to? Any other tips?
Thank you very much!
After learning a lot from this forum, I now need your advice. Of course, not legal advice, just tips on what else we should consider, as I tend to be too lenient.
The situation:
We own a ground-floor apartment in a six-unit building constructed in 1961. Recently, water entered our neighbor's ground-floor kitchen and bathroom. It turned out that water is leaking down a utility shaft due to a leaking roof. The roof is mainly leaking because of the dilapidated bathroom window of an attic apartment (you can put your hand outside under the window frame). The beams in that area are partly rotten. In the other attic apartment, some windows are also somewhat leaky, and possibly there are other problem spots on the roof, but not as severe as on the other side. The roof has never been refurbished since the building was constructed. The attic apartments were largely self-finished by the original buyers during the building’s subdivision and sale in the early 1990s. Due to a rat problem, I was able to take a look inside the crawl space; the insulation consists of loosely stuffed glass wool. Above the apartments is an uninsulated pitched roof space.
The first quotes for roof renovation have already arrived, around 60,000 euros, including scaffolding, stripping, insulation, new windows, and reroofing.
Of course, the costs are a major issue now—who pays what—and the reserves are far from sufficient.
In 1998 (before our time), a resolution was passed stating that maintenance and repair of the windows are the responsibility of the individual apartment owners.
The cost-sharing for the roof is clear, but we see the windows as a gray area. I have also considered making claims for damages against the attic residents since the problem arose due to their lack of maintenance.
I’m thinking about hiring a lawyer. The property manager isn’t very helpful (a one-woman operation) and doesn’t seem legally knowledgeable. On the one hand, we want to avoid conflict in the building, but on the other hand, we don’t want to give anything away for free.
What would you do? Who else can we turn to? Any other tips?
Thank you very much!
B
Bauexperte20 Aug 2016 09:10Good morning,
I don’t understand your problem…
If there is a legally binding resolution stating that the windows must be paid for by the respective unit owners, then only the costs for the roof repair should be financed from the reserve fund. If the reserve fund is not sufficient, there should be a note in the minutes of the owners’ meeting on how to proceed in such cases.
In my opinion, the damage in the neighboring ground floor apartment should be handled through the insurance of the owner of the top floor unit whose windows allowed the water ingress, provided this can be proven beyond doubt.
So why do you want to consult a lawyer?
Regards, Bauexperte
I don’t understand your problem…
If there is a legally binding resolution stating that the windows must be paid for by the respective unit owners, then only the costs for the roof repair should be financed from the reserve fund. If the reserve fund is not sufficient, there should be a note in the minutes of the owners’ meeting on how to proceed in such cases.
In my opinion, the damage in the neighboring ground floor apartment should be handled through the insurance of the owner of the top floor unit whose windows allowed the water ingress, provided this can be proven beyond doubt.
So why do you want to consult a lawyer?
Regards, Bauexperte
Hi Bauexperte,
The costs for the roof renovation itself will be allocated according to the co-ownership shares, that part is clear. The damage in the neighboring apartment is an insurance claim; on Monday, experts will come again to determine the extent to which the damage is caused by natural hazards versus water damage from pipes (there have already been leaks). The insurance policies are taken out by the homeowners’ association.
The property manager caused some unrest by stating that skylights are indeed common property. However, the addendum to the declaration of division says otherwise. My main goal here is just to get some other opinions. Sometimes it helps when someone looks at it from a different perspective and asks: Have you considered this or that? I am not expecting a perfect solution now, maybe just a few suggestions. Possibly also regarding energy efficiency. Insulation will be installed, but how much is reasonable?
Do you understand what I mean?
The costs for the roof renovation itself will be allocated according to the co-ownership shares, that part is clear. The damage in the neighboring apartment is an insurance claim; on Monday, experts will come again to determine the extent to which the damage is caused by natural hazards versus water damage from pipes (there have already been leaks). The insurance policies are taken out by the homeowners’ association.
The property manager caused some unrest by stating that skylights are indeed common property. However, the addendum to the declaration of division says otherwise. My main goal here is just to get some other opinions. Sometimes it helps when someone looks at it from a different perspective and asks: Have you considered this or that? I am not expecting a perfect solution now, maybe just a few suggestions. Possibly also regarding energy efficiency. Insulation will be installed, but how much is reasonable?
Do you understand what I mean?
The key document is the declaration of division.
We had the same issue with our condominium. The roof windows were leaking. However, according to the declaration of division, these are common property, so everyone has to pay.
There isn’t much room for interpretation. That’s exactly what the declaration of division is for.
We had the same issue with our condominium. The roof windows were leaking. However, according to the declaration of division, these are common property, so everyone has to pay.
There isn’t much room for interpretation. That’s exactly what the declaration of division is for.
tbb76 schrieb:
The administrator caused some unrest by saying that skylights are indeed common property. But the annex to the declaration of division says otherwise. Windows, as defining elements of the facade—and just like the roof—are legally always common property, regardless of what the declaration of division states. The administration is correct in this regard.
However, different arrangements can be made regarding who bears specific costs, either within the declaration of division itself or through resolutions—which does not change the classification as common property! Does the administration know or remember the resolution about cost allocation?
Compensation claims against the heat generator on the roof for failure to provide warnings—here, that part of the common property in the area of the individual property unit is defective—could arise under Section 14 No. 1 of the German Condominium Act (WEG); but I do not see that here. Rather, the community of unit owners must inspect and maintain the common property and pass resolutions. The costs are borne by the community—or, if effectively resolved, by an individual unit owner. Interference or access to the individual property unit for inspection or repair of the common property must be tolerated by that unit owner under Section 14 No. 3 and 4 WEG.
The central question is therefore: Why did the community fail to maintain or inspect its common property?
Regarding the previous post: Not all provisions of a declaration of division are always legally effective.
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