Crumbling Balconies: Owners' Dispute from the Baltic Sea Heads to the Federal Court of Justice - German High Court Weighs Landmark Ruling on Balcony Repair Dispute
"When chunks of the crumbling balcony are already falling off, the situation is truly desperate." That's how a lawyer at Germany's Federal Court of Justice (Bundesgerichtshof, BGH) described the case during Friday's hearing in Karlsruhe, where judges weighed a dispute in a Baltic Sea apartment complex. At stake: who has the authority to approve urgently needed balcony repairs—the homeowners' association or the individual unit owners? (Case No. V ZR 102/24)
Presiding Judge Bettina Brückner called it "an extremely important question affecting countless homeowners' associations across Germany." While not every case is as dire as this one in Schleswig-Holstein—where green spaces around the building had to be cordoned off over fears of falling concrete—many associations face similar dilemmas.
By law, shared property must be maintained. However, owners can override this through private agreements, as they did here. According to the property's division declaration (Teilungserklärung), each unit owner is responsible for "maintaining and repairing their balcony at their own expense."
The association commissioned an expert report outlining three renovation proposals. At the 2022 owners' meeting, none secured a majority, and the project was postponed.
One owner took the matter to court, challenging the failed votes. Lower courts in Oldenburg in Holstein and Itzehoe dismissed the case, ruling that the association lacked the authority to decide by majority vote—since the division declaration explicitly assigned balcony upkeep to individual owners.
The BGH admitted the appeal and must now determine how far such agreements can go—and whether they should be allowed at all. Judge Brückner raised a critical question: "What if the association is held liable when a balcony railing collapses onto a pedestrian?"
The plaintiff's lawyer argued that the association must have the power to intervene to prevent harm, as it cannot entirely abdicate its duty of care. The opposing side's arguments went unheard in Karlsruhe, however—the homeowners' association did not send legal representation. A ruling is expected on April 24.
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