Smoke alarm
April 4, 2013 | 35,00 EUR | answered by Jan Wilking
We are a community of 6 co-owners. In the minutes of the meeting on 09.05.2012, the following was recorded regarding the decision to install smoke detectors:
After discussion, the owners see the installation of smoke detectors in their apartments as individual property. Each owner will take care of this themselves and also perform the functional tests.
Unanimously, the owners decide that the installation of smoke detectors in their apartments is considered individual property and each owner is responsible for the installation and functional tests themselves.
When I inquired with the property management on 07.03.2013 whether there had been any feedback or requests for proof of the agreed installation in the meantime, I received the following response:
The community of owners has decided by majority vote that the smoke detectors are individual property. We do not have the authority to interfere in individual property and therefore do not need to request any evidence. See item 9, owners' meeting 09.06.2012.
This response seems unhelpful to me, as in the case of a fire, it does not only affect the individual property concerned but also all others. In order to ensure legal certainty regarding the new regulation, proof of the installation of smoke detectors should be requested from all co-owners and made public after such a decision.
Thank you and best regards.
Dear inquirer,
I am happy to answer your inquiry taking into account your description of the situation and your input as follows:
Personally, I share your view, "because when there is a fire, it does not only affect the respective individual property but all are affected." However, courts often see this differently. According to them, smoke detectors are "not considered parts of the building necessary for the structure of the building or its security. If their function is limited to triggering a warning signal within the affected rooms in case of smoke, they do not serve to protect other owners or the structure of the building. Their actual purpose is to encourage present individuals to escape" (AG Hamburg-Wandsbek, judgment of 21.06.2010 - Az.: 740 C 31/10 with further references). However, the LG Hamburg, 05.10.2011 - 318 S 245/10, sees a community-related traffic safety obligation in case of a public-law obligation to install smoke detectors. The OLG Frankfurt also held in a decision with reference number 23 O 416/08 that smoke and fire alarms serve all residents in the building, therefore the owners' association may decide by majority that each owner must install smoke detectors in their apartment.
Regardless of this legal question that has not yet been conclusively clarified, in your case section 21 paragraph 4 WEG (claim to proper administration) could apply. According to this provision, each condominium owner can demand compliance with agreements and resolutions from any other owner, and, if such do not exist, a management corresponding to the interest of all condominium owners. If an ordinance in your state requires retrofitting of smoke detectors, you can therefore demand compliance with this retrofitting obligation, which in my opinion also includes the right to information about the installation.
I hope to have provided you with a helpful initial orientation. If you have any doubts, please use the free follow-up function.
Please bear in mind that within the scope of an initial consultation without knowledge of all circumstances, I cannot give you a conclusive advice. If you wish for a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while providing access to all documents.
Best regards
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