A condominium owner is not entitled to the consent of the community of owners for the construction of a balcony power plant. It does not matter whether the overall visual impression is impaired by the structural measure. This was decided by the Constance Local Court (9.2.2023/4 C 425/22 - ).
The tenant of an apartment had a mini solar system installed on the outside of his balcony with the consent of the owners. At an owners' meeting in October 2022, a majority resolution was passed to remove the balcony power plant. The two condominium owners filed a lawsuit against this. The Constance Local Court ruled that the plaintiffs were not entitled to approval of the solar power system. The other condominium owners do not have to approve the balcony power plant. The decisive factor was a clause in the owners' agreement, which provides for a construction ban on changes without the consent of the owners.
