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Henry Naporra, lawyer, specialist in tenancy and property law. © Haus & Grund Frankfurt am Main eV
In homeowners associations, the question often arises as to how underground parking spaces are used and whether it is permitted to store items there.
The Hamburg-St. Georg District Court ruled on this issue in a decision dated July 28, 2023 – ref. no.: 980a C 10/23 – that the homeowners’ association can adopt a garage ordinance that regulates the type of use.
An underground parking space is not a general storage area in the literal sense and in the general understanding of language, even if it is sometimes used – like communally owned staircases – to increase the storage space in rooms actually intended for this purpose (apartment, basement, attic, etc.). Such use of the special property is neither socially usual nor part of the intended purpose of the residential complex, and therefore not an essential element of use according to general understanding.
The parties were arguing about the defendants’ obligation to refrain from storing certain items in their underground parking spaces. After previous out-of-court requests, the WEG demanded that the defendants refrain from using the underground parking spaces as storage areas other than for motor vehicle use; and the decision was successful.
According to Section 14 Paragraph 1 No. 1 WEG, Section 1004 Paragraph 1 Sentence 2 BGB, the community has the right to demand that no objects other than motor vehicles, motorcycles or bicycles be parked there. In principle, it is sensible within a WEG to adopt a garage regulation that defines the manner in which parking spaces are to be used. In the event of a violation, the WEG – represented by the property management – can assert a claim for injunctive relief due to violations.
House & Land Frankfurt am Main eV
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Henry Naporra, lawyer, specialist in tenancy and property law
