The apartment owner continued to pursue his goal. However, the appeal allowed by the district court was also unsuccessful. The owner has no legal right to claim compensation from the administrator for a possible delayed payment.
The reason: There was no contractual relationship between the owner and the administrator. This is because the contracting parties to the management contract are the community and the administrator, not the individual owner. Since the WEG reform came into force on December 1, 2020, the administration (also) internally – in accordance with Section 18 Paragraph 1 WEG – is the sole responsibility of the GdWE.
The community fulfils the tasks assigned to it through its bodies. The internal body responsible for implementation is the administrator.
Management contract no longer has any third-party protective effect in favor of individual owners
Since the reform of the WEG, the management contract no longer has any third-party protection effect in favor of individual apartment owners. This is because their interests are already covered by their own claim against the GdWE, which is equivalent to the contractual liability claim.
Before the reform, the GdWE was merely a means of enforcing administration externally. This meant that both administrators and other third parties (craftsmen, architects, etc.) were contractually bound to the GdWE. However, the GdWE was not liable to individual apartment owners for damages caused by these persons in connection with the administration. The apartment owners therefore had a need for protection; so the management contract was given a third-party protective effect.
