The Definition is as follows: structural changes are long-term representational intervention in the substance of the common property, the creation of a new state, so the maintenance and preservation of the current state, including the modernizing of repair, or of his initial production, as well as all changes that affect the exterior design of the community property in a sustainable wayNot of importance, whether it is the arbitrary action of individual apartment owners or to the actions of the apartment owner community. Decisive for the classification as a structural change in the construction state and of the Is from this by making a structural change, which emerged from the state.
Structural changes also require the consent of all the in the case of a child live together in the inevitable dimension impaired owners.
The approval is usually done by decision of the owner community. You can not only be carried out by the owner's decision, but in any Form. The consent can therefore be declared verbally or implied (by conduct). A prerequisite for an implied consent in the cases that the agent could have recognized in the application of due care, that his behavior is understood as a Declaration of intent. The mere toleration (i.e, the mere not Accept without objection) a structural alteration, or the failure to challenge a majority decision is sufficient, however, for the adoption of a consent.
The consent in terms of a structural change by the legal predecessor unfolds also for his successor in title is always binding effect.
He can not ask for more, therefore, the elimination of the structural change, if the structural transformation has already begun. A decision on the consent is on the part of each individual apartment owner is challenged, if he is disadvantaged by the changes to the building. Here, too, there is a clear Definition The disadvantage is each not quite a minor impairment, so impaired that not only completely irrelevant, or trivial-like character, based on the common property or the exterior design of the building. Whether it is a minor impairment or only a slight Change due to the construction measure, the judicial appraisal, in individual cases, subject to change. The decisive factor here is an objective standard, not the subjective opinion of the majority of the apartment owners or the understanding of an individual apartment owner. A change in the construction is carried out illegally, the owners Association a claim for rescission of the building Change. An individual apartment owner has a construction project without the required consent of the other apartment owners on his own authority, the apartment owners Association or the individual apartment owners, then a claim of his own authority, acting on the owner eliminated the already implemented change in the construction of complete and the original state is restored. The claims are subject to time limits of the regular statutory limitation period. It is a three-year limitation period therefore applies The limitation period begins with the knowledge of the structural change. However, the action to run, for example, the extension or reconstruction of a structural change, a new limitation period begins with each new counter. If an apartment owner fails to comply with the obligation to dismantle the structural change, may not be less than the apartment owners community, simple, but requires rather a Enforcement of title as a basis for enforcement.
