JudgmentBGH · V ZR 18/25
Key takeaway
Subject to statutory requirements, a unit owner may claim damages where breaches concerning common property harm their individually owned unit.
The dispute
The case concerned the inability to use an individually owned unit as intended because of issues associated with common property. Lost rental income was among the losses claimed.
The court’s approach
The Federal Court of Justice clarified the association’s possible liability where necessary management or maintenance measures affecting common property are culpably omitted or delayed.
Practical relevance
The existence of defective common property alone is insufficient. Breach of duty, responsibility, loss and causation must be examined in each case.
Case reference and full-text accessBGH · V ZR 18/25 ↗These articles provide general information and are not a substitute for advice on a specific case.
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