Decision on the determination of the heating period
October 15, 2015 | 40,00 EUR | answered by Jan Wilking
Dear Mr. Lawyer,
During the owners' meeting on October 12, 2015, under the agenda item
-Resolution on the determination of the heating period-
the following resolution was passed:
Due to the increasingly frequent significant temperature fluctuations and the associated low temperatures even in the warmer seasons, the condominium owners' association decides to extend the heating period. In the future, residents should be able to heat unrestrictedly from September 1st to May 30th.
The resolution was accepted with 4 yes votes and 2 no votes. We are a condominium association with 6 units.
My question is: Is the resolution in this form legally valid?
Thank you and kind regards
Dear advice seeker,
Thank you for your inquiry, which I would like to answer taking into account your description of the situation and your efforts as follows:
The length of the heating period in a residential community is not specifically regulated by law.
In principle, a decision on this matter can also be made by a majority vote, as long as it complies with proper administration. However, the community of owners cannot effectively decide on a complete, even if temporary, shutdown of the heating system. For example, it is not possible to pass a resolution to completely shut off the heating system from April 1st to September 30th (cf. BayObLG, 26.02.1993 - 2Z BR 117/92). This is the case in any event if the room temperature drops below 20 degrees due to the shutdown (cf. e.g. LG Hamburg, 05.06.1987 - 11 S 130/86).
However, since in your case only an extension of the heating period has been decided, I consider the resolution to be generally lawful.
Best regards,
Jan Wilking, Attorney
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