Ask a lawyer on the topic of Other questions to lawyers

Traffic safety on private property

May 13, 2016 | 40,00 EUR | answered by Bernhard Müller

Dear Sir or Madam,

my wife has owned the apartment on the first floor of a 3-family condominium since August 2008. The ground floor and attic belong to two other owners. Since the establishment of the condominium in 1999, the ground floor also has the exclusive right to use the garden area behind the house (approximately 280 sqm) with a former pool (size approximately 5 x 12 m). The pool was covered by the ground floor owner in 2009 and grass was planted over it. The front area collapsed in 2009, and now the cover at the back is also moving downwards. The pool is estimated to have a depth of 1 m to 1.40 m.

Recently, a friend informed me that as a property owner, I could be held responsible if an unauthorized person is harmed on the premises (for example, a burglar climbing over the fence to access the apartment through the terrace). Such hazards should be adequately secured.

Could you please confirm if this is indeed true? Who is responsible here, the condominium as the property owner (which would include me) or hopefully only the exclusive user? Who will bear the costs for the removal or repair of the pool?

Would it be necessary for the property manager to intervene?

Best regards,
Dietmar Stieg

Would it be necessary for the property manager to intervene?

Best regards,

Bernhard Müller

Dear questioner,

Properties must indeed be adequately secured. However, this is not for the protection of burglars but for the safety of mail carriers, visitors, playing children, etc.

The minimum that must be done as security measures are a barrier tape and warning signs. It is better to fill the hole, for example with sand.

Since the pool is not private property, but there is only a right of special use, the entire condominium association is generally responsible for the costs. However, other agreements can be made. You should first read the declaration of division and the minutes of the owners' meetings to see if appropriate decisions have been made.

The administrator must secure the areas at risk of collapse, obtain cost estimates, and put the safety measures on the agenda of the next owners' meeting.

Best regards,

Bernhard Müller Attorney