News Versicherung: judgment: Dedication of all apartment owners is payable
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The building insurance often causes a dispute in owners' communities. Because damage may only occur in individual apartments - do everyone still have to participate? From the BGH there is now a clear yes.
of building insurance with low contributions benefits in an owner community - so everyone has to share the deductible if damage occurs. There is no exception if only one foreign apartment should be affected. The Federal Court of Justice decided on Friday in a model case from Cologne. (Az. V ZR 69/21)
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residential building insurance occurs when a house is damaged or destroyed. Damage from tap water, fire and natural hazards such as storm and hail are usually covered. For elementary damage, for example through floods, heavy rain or landslide, an additional policy must often be completed.
In the event of damage in the jointly used areas, for example in the stairwell, it was clear beforehand: The insurance does not cover the costs completely, all owners must bite the sour apple and share the remaining sum. But what if the fitted kitchen is only affected in one apartment? "This problem has been controversial for years," said presiding judge Bettina Brückner at the trial on July 1st.
With the highest judge's judgment, it is now clear: the conversion of the deductible to all owners is also legal in such a case. Brückner said that a higher deductible usually means a lower insurance premium. This reduces the house allowance to be paid - and that is economically sensible for everyone. Conversely, this means that the common risk must also be carried together by everyone.
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The Cologne case is special. Because in the apartments, water damage is actually constantly occurring somewhere due to poor pipes. The insurance has therefore forced the deductible to put up with the fact that the owners have to pay almost everything out of their own pocket - with each damage, 15,000 euros, it was said in the negotiation. This makes no difference for the BGH: the high deductible is in the interest of everyone, said Brückner. Because without this regulation, there would probably be no insurer for the building complex at all.
Nevertheless, the case has not yet been decided. Because in addition to many smaller apartments, there is also an almost 1000 square meter commercial unit in the facility - a supermarket until some time ago. Their owners had sued because they have to contribute a lot of money with every damage due to the huge area. Nothing has ever happened to them.
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The Cologne district court must now check again whether at least the distribution key has to be changed. The hurdles for this are quite high, said Brückner: The law only provides an adjustment if adherence to the actual regulation "seems unreasonable for serious reasons (...).
What this means in the specific case, the BGH also makes it clear: If there are structural differences between the commercial unit and the apartments that are responsible for the many water damage, an adaptation could be offered. The situation is different if it is only due to the "different usage behavior" - that is, the bathroom and kitchen in an apartment are simply used much more frequently than in a supermarket. In this case, the owners of the commercial unit would have to pay all damage with numbers in the future.
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