renting an apartment to holiday guests, or plant workers may not be of the majority of the co-owners. This was decided by the Federal court of justice (BGH). Thus, the action of a community of owners from lower Saxony failed to final. The prohibition to interfere impermissibly in the property rights, it means to justification. The final judgment doesn’t change the fact that cities and municipalities in the rental of holiday guests due to misuse can say, because it refers only to the rights of an owner community.
In the concrete case it was a house with eight condominiums in Papenburg. One of the owners rented out his apartment to the factory workers, which were changed frequently. The rental as a holiday or apartment is allowed by law. The owners decided but by a majority of 75 per cent, of the rental should be no more than on a daily or weekly tenant is permitted.
The owner brought an action against the decision and received in all previous court instances law. The community of owners could change the Declaration of division only with the consent of all owners, including the owner of the apartment. The prohibition of the renting of holiday guests can, therefore, be decided against the will of the landlord.
justification it is, the owner must be assured that the originally permitted use is not restricted without his consent. This is only permissible if it’ll be as a result of noise or dirt disruption to other residents. That the other owners don’t know the in – and outgoing holiday-makers and factory workers, however, is not a reason.
