Dispute over flower boxes: Court stops Munich balcony tradition!

Dispute over flower boxes: Court stops Munich balcony tradition!

It's a hot topic that has been heating up tempers in a Munich homeowners' association (WEG) for some time: the installation of flower boxes on balconies. As the tz According to reports, an owner has been putting her flower boxes on the outside of her balcony for years, but when the resident of the apartment below had her balcony glazed, there were problems—water was dripping from the flower boxes and causing damage. A classic example of the conflict between individual taste and community rules.

The WEG decided at a meeting in 2024 that all balcony boxes must be installed inside in the future. It was also decided that the owner whose boxes caused damage would have to pay the subsequent costs. The plaintiff did not want to accept this decision and brought an action against the Community's decision in order to maintain its usual practice.

Court ruling and its implications

The Munich district court dismissed the woman's lawsuit, but declared the regulation on liability for damages to be ineffective. According to the ruling, the historical placement of the flower boxes on the outside is not a reason for a permanent claim to this practice. The court also emphasized that the installation of flower boxes can be regulated depending on the specific circumstances. The community therefore has the right to avoid damage to common property through such resolutions, which is one of the proper administrative tasks - an aspect that Moritz Himmelreich, an expert in WEG administration, also underlines. “It is important to set boundaries in order to promote harmonious coexistence,” says Himmelreich.

In the ruling, which was handed down on November 12, 2024, the court also found that the decision does not violate any legal requirements or agreements of the owners. The pioneer of flower boxes complained that the requirement made her balcony smaller by around 30 cm - but this was not recognized as worthy of protection.

The importance of community rules

Despite all this friction, one thing remains clear: balconies are largely part of common property, even if they are accessible via an apartment, i.e. separate property. Loud matera.eu The common property includes, among other things, balcony railings, the outside of the apartment door and much more. Only non-structural parts such as interior paint or plant pots fall under special ownership.

The complex nature of property allocation is a gray area for many, and that is why the management of such communities needs clear guidelines. Ultimately, liability for damage that transfers from separate property to common property and vice versa is central to the community. Even though individual preferences often differ, harmony and an amicable solution should be everyone's goal at the end of the day.

In conclusion, even if individual demands exist, the community sets the framework for peaceful coexistence and each owner has a responsibility towards the others. A little piece of luxury in everyday life, such as a beautifully planted balcony, must not come at the expense of the community.