Email cland in Munich WEG: Court rejects a lawsuit!

Email cland in Munich WEG: Court rejects a lawsuit!

In a remarkable case from Munich, there was a conflict between a homeowner and the property management, which ended up in court. The applicant, owner of an apartment in an apartment building, expressed her resentment in an email to property management in August 2023. In it, she complained about her intelligence and tone of the administration. This email was forwarded by the chairman of the administrative advisory board to all members of the apartment owners' community (WEG), which the applicant regarded as an injury to honor and violation of the postal secret.

According to her allegation, the plaintiff filed a lawsuit that was decided by the Munich District Court in March 2025. The court found that no objectively inaccessible factual claims were set up by the defendant. It was also clarified that a violation of the postal secret was not possible, since communication was an electronic message. The lawsuit was dismissed and the chairman of the administrative advisory board was not considered unlawful in his actions. In doing so, the court confirmed the need for respectful handling in such matters [Merkur] that ...

The reasons for the decision of the court

The judgment of the Munich Court of Justice, based on the file number 171 C 22496/23, emphasizes that the applicant had written and sent the email herself, which is why it was not entitled to correctly. The court explicitly pointed out that an inappropriate tone of the property management can have serious consequences: "The defendant's actions do not violate the plaintiff's rights of personal rights," said the court [Stolpe Rechtsanwälte] emphasized that ...

The case also illustrates the challenges with which owner communities are faced in Germany. Housing property law provides for numerous disputes that often result in maintenance costs, structural changes and administrative conflicts. The number of legal disputes remains stable, with more than 20,000 procedures counted in 2020. It is crucial here that the path reform of 2020/2021 has changed the procedural authority. Often only the entire owners' communities may complain about what could reduce the number of individual lawsuits. In recent years, mediation and arbitration procedures have become more important to solve conflicts within the owner communities [FIBUCOM] that ...

In the context of conflict management, owner communities are available to various approaches. First of all, internal conversations and votes should take place to clear out misunderstandings. If this does not lead to the desired success, legal steps such as contestation or judicial proceedings can be considered. Especially in federal states with obligation to arbitrate, mediations are an effective means of resolution. These offer numerous advantages, including promoting communication and avoiding lengthy legal proceedings.

Overall, the case in Munich is not only a single story, but also reflects the greater challenges and conflicts that often occur within homeowners' communities in Germany. The possibility of solving conflicts quickly and efficiently remains a central concern for everyone involved to ensure a harmonious living together.