Roof renovation of a multi-family house, responsibility

Hello everyone,

after having already learned a lot from the forum, I now need your advice. Of course, not legal advice, just pointers on what else we might consider, as I am usually too lenient.

Regarding the matter:

We are owners of an apartment in a 6-unit building built in 1961, specifically on the ground floor. Now, water intrusion occurred in our neighbor’s kitchen and bathroom on the ground floor. It turned out that water is running down a supply shaft due to the leaking roof. The roof is especially leaking because of the dilapidated window in the bathroom of one of the top floor apartments (you can stick your hand outside under the window frame). The beams at that spot are partly rotten. In the second top floor apartment, the windows are also partially leaking, possibly other parts of the roof as well, but not as bad as on the other side. The roof has never been renovated since the house was built. The top floor apartments were mostly DIY renovated by the original buyers in the early 1990s during the subdivision and sale of the apartments. Because of a rat problem, I once got a look into the crawl space; the insulation consists of crammed-in glass wool. Above the apartments is an attic without any insulation.

The first offers for roof renovation have already arrived and are in the range of 60,000 euros, including: scaffolding, removal, insulation, new windows, new roofing.

Of course, it’s now also about costs, who pays what; the reserves are far from sufficient.

In 1998 (before our time), a resolution was passed that maintenance and repair of the windows is the responsibility of the individual owners.

The cost sharing for the roof is clear, the windows we see as critical. I have also considered claims for damages against the top floor residents since the problem only arose due to the lack of maintenance.

I am considering whether we should get a lawyer. The property manager is not much help (one-person operation), and is not legally competent. On the one hand, of course, we don’t want discord in the building, on the other hand, we also have nothing to give away.

What would you do? Who else can one turn to? Any other tips?

Thank you very much!

Good morning,

I don’t understand your problem …

If there is a legally binding resolution that the windows must be paid for by the respective apartment owners, then only the costs of the pure roof renovation have to be financed from the reserve fund, right? If the fund is not sufficient, there should be a note in the minutes of the owners’ meeting on how to proceed in such cases.

In my opinion, the damage in the neighboring ground-floor apartment should be handled through the insurance of the owner in the attic, whose windows allowed the water ingress. Provided this can be proven beyond doubt, of course.

So why do you want to consult a lawyer?

Rhenish regards

Hi construction expert,

The costs of the pure roof renovation will be billed according to the co-ownership shares, that is clear so far. The damage in the neighboring apartment is an insurance case; on Monday, an assessor will come again to delineate what is now elemental damage and what is water damage from the pipes (there have already been leaks). The insurances are taken out via the owners' association.

The administrator caused unrest by saying that roof windows are indeed common property. But the addendum to the declaration of division says otherwise. What matters to me here is just to hear other opinions. Sometimes it helps when someone looks at it from a different perspective and says: Have you ever thought about this and that. I am not expecting a perfect solution now, maybe just a few suggestions. Possibly also regarding energy efficiency. Insulation will be done, but how much makes sense.

Do you understand what I mean?

The declaration of division is decisive. We had the same problem with our condominium. The roof window was leaking. However, according to the declaration of division, it is common property, so everyone has to pay. There is actually not much to interpret there. And that is exactly what the declaration of division is for.

The administrator caused unrest by saying that roof windows are indeed common property. But the addendum to the declaration of division says otherwise.

Windows are, as defining facade elements – and just like the roof – legally always common property – regardless of what is stated in the declaration of division. The administration is correct in this regard.

However, other regulations about specific cost burdens can be made, either in the declaration of division itself or here by resolution – but this does not change the assignment to the common property! Does the administration know/remind the resolution regarding the cost burden?

Compensation claims of the heat generator in the roof due to omitted – here – notices that part of the common property in the area of its separate property is defective could arise from § 14 no. 1 WEG; but I do not see this. Rather, the community of residential units must inspect, maintain, and pass resolutions concerning the common property. The costs are borne by the community – or if effectively resolved, also by a separate property owner. Interventions or inspections in separate property to inspect or repair the common property must be tolerated by the separate property owner according to § 14 no. 3 and 4 WEG.

The central question, therefore, is: Why did the community not maintain/inspect its common property?

Regarding the previous post: Not all provisions of a declaration of division are always effective.