In a terraced house complex in Hamburg, one owner wanted to mount a heat pump outdoor unit on the front of the house. The owners’ meeting voted in favor by a majority, even though the exact dimensions of the unit were only obtained by phone during the meeting. The noise values were also sent to the owners only one day before the vote. Questions about the consequences of walling up a basement window remained unanswered.
A homeowner challenged the resolution and prevailed before the Hamburg-Altona District Court. The judges made clear that owners must base their decisions on a sufficient information basis. Especially for construction projects, the scope and possible consequences must be examined and presented in an understandable manner. This includes, in particular, details on the size of the heat pump and its noise emissions.
The court emphasized that the applicant must provide the necessary data. A mere majority at the meeting does not replace proper preparation. If essential information is missing for a planned structural change, a resolution cannot stand in court despite a majority (Case No.: 303b C 12/25).
Source: www.faz.net
