A on this judgment of the Regional Court Munich I (LG Munich I, Az. 36 S 2041/15) now has the DAS Legal protection insurance.
In the negotiated case, an apartment owner in Munich wanted to buy an electric car. The prerequisite for this was a charging station at his underground parking space, which he wanted to install at his own expense. What was missing, however, was a power line from the house distributor to the parking space. At the next owners' meeting, the man wanted to have the installation of this power line approved. However, his plan was rejected by a large majority. The disappointed owner took the decision to court. After all, § 21 (5) No. 6 WEG states that measures to establish an energy connection within the framework of the proper management of a residential complex are to be tolerated by the other owners.
The Munich Regional Court judged this differently. The court saw in the planned measures a structural change to the common property, which would impair the rights of the other owners beyond what is reasonable. The planned power line is later to be maintained by the community as part of the community property. If the community gives its consent, other owners could also request the same in the context of equal treatment. With the result that a large number of new lines had to be drawn. The other owners can therefore agree to the desired installation, but they are not obliged to do so. The regulation on energy connections in the WEG only relates to the creation of a minimum standard according to the state of the art - and this does not include charging stations for electric cars, at least in existing underground car parks. (District Court Munich I, judgment of January 21, 2016, Az. 36 S 2041/15)