Maintenance Obligation Special Property / Special Usage Right

Hello everyone,

about two years ago I bought an apartment on the ground floor in a residential complex and also moved in myself.

According to the notarial deed, a special right of use for the terrace/garden area that belongs to the apartment was assigned and sold together.

In the declaration of division it says: "As far as a special right of use for components or open spaces (e.g. garden, terrace) is assigned to a separate ownership, the holder of the special right of use shall bear the costs of maintenance, repair and renewal alone."

Therefore, of course I am responsible for the maintenance of the terrace covering, the hedge trimming and the exterior walls of the storage room, which is located under the balcony of the residential unit above my apartment.

According to the property management, I would now also be responsible for the necessary painting work on the entire left common wall to the next residential unit with house number 15, which extends over three floors, due to the granted special right of use for the terrace/garden area (see photo).



Is this assessment by the property management correct?

In my assessment, this is common property of the community of owners, since it is a load-bearing wall of the neighboring residential block, and therefore the maintenance should also be borne by the community.

Perhaps there are participants here who are familiar with such details.

Many thanks in advance!

Best regards,

Guido

Interesting question. I would also have said, for example, 8 units, cost divided by 8. It is also a community image.

Is this assessment by the property management correct?

No, the wall does not belong to your special usage rights (unless the exact wording of the partition declaration suggests otherwise), but is instead common property.

According to the available information: You do not have to pay that. Sweet idea from the administrator but the quoted section from the [Teilungserklärung] does not allow for that. Who built the storage room under the balcony and on what basis is that secured? It might possibly be unstable if you wake sleeping dogs.

Best regards
Gabriele

According to the regulations known to me, number 15 is responsible for the painting work. After all, it is their property.

My opinion also goes in the direction of no private property, but rather common property. Nevertheless, I still have the question: how much space is there between these two houses? 6 meters? Then 3 meters belong to the windowless ground floor... did you perhaps make yourself too wide? Or does the 15 also belong to your community?