Maintenance Obligation Special Property / Special Usage Right

Hello,

first of all, thank you very much for the assessments!

Perhaps the attached sketch helps to assess the situation:
My exclusive right of use relates to the terrace and the garden. The garden is bordered on the left side by the neighbor and on the sidewalk / street by a hedge (marked in green). The painting work would have to be carried out on the wall marked in blue. The bathroom drawn next to my living room as well as the stairwell on the lower left side belong to the apartments in the adjacent residential block. Above my terrace is the balcony of the upper apartment, which does not belong to me. To the left on the terrace area is the small storage room.



Regulation in the division declaration:
§4, Type and scope of use, exclusive rights of use
1. …
2. With regard to the use of the communal leasehold, the following regulations on exclusive use are made in accordance with §§ 10 para. 2, 15 WEG:
a) The respective leaseholder of the following apartments is hereby granted the exclusive right of use of the terrace and garden areas designated with SNG and number, which are listed in the site plan – ground floor plan – annexed as Annex 4 to this deed:
...
Residential unit no. 67 the garden area SNG 67
....

(The attached sketch is an excerpt from the mentioned site plan)

§ 11 Bearing of burdens
1. The following applies to costs and burdens.
a) Regulation for single-family houses, which is not applicable here, as this concerns a multi-family house.
b) Each sub-apartment leaseholder community for the multi-family houses bears all costs and burdens of its building as if it were its own genuine apartment leaseholder community. The distribution of costs is done according to the shares of co-ownership or other valid distribution keys in this sub-apartment leaseholder community. A separate maintenance reserve is also formed for this. Each apartment leaseholder bears alone the costs attributable to him or her or their special property for which their own measuring devices exist or can otherwise be reliably determined. All costs and burdens not assigned to a sub-apartment leaseholder community are borne by all apartment leaseholders in proportion to their shares of co-ownership.
However, the following special provisions apply: … (regulations on heating costs follow here)
c) To the extent that special property is assigned an exclusive right of use of components or open spaces (e.g. garden, terrace), the exclusive user alone bears the costs of maintenance, repair, and renewal thereof.

The property management refers to this section c) regarding the execution of the painting work.

The entire residential block was constructed "in one piece," including the uniformly designed storage rooms on the terraces and balconies. I have not made any structural changes to this condition.

I can easily carry out painting work on the wooden-clad storage rooms; that is no problem. The situation is different, of course, with the shown wall, where scaffolding would be absolutely necessary. If I am responsible for this, it will of course be done, even though I would prefer to avoid it.

Perhaps these further details help with the assessment.

Thank you again!

Best regards

Guido

But 15 is a different owners' association, right? That is their wall. You are not allowed to paint there at all.

Hello,

there are different building entrances, but they all basically belong to the same residential community.

I would also like to avoid the painting work, but the property management assesses the matter differently and assumes that, due to my special right of use of the garden area, I am therefore also responsible for the painting work on the wall to the living area with the house number 15.

Best regards

Guido

Ok that means in 10 years when my garage that stands on the border is ugly, I go to my neighbor and tell him: you have to look at the wall, not me, you should paint it ... I have to remember that ....

How does someone come up with something like that?

As far as special ownership is assigned a special usage right to components or open spaces (e.g. garden, terrace)

You have been assigned the special usage right to

a) The respective hereditary building right holder of the following apartments is hereby granted the exclusive special usage right to the terrace and garden areas designated with SNG and numbers, which are listed in the site plan - ground floor layout - attached as Appendix 4 to this deed:

You write that to the administration and mentally show them the middle finger. Case closed.

Dude, what kind of administrator is that