July 20, 2025, 12:41 pm | Read time: 2 minutes
Rainwater Dripped on Newly Glazed Balcony
The court case was triggered by a dispute between two neighbors in a 1970s building. One woman had, as usual, placed her flower boxes on the outside of the balcony railing. However, the resident below had her balcony glazed and added insulation. During heavy rain, the water from the flower boxes no longer flowed directly into the ground but dripped onto the ledge of the remodeled balcony below.
As a result, a homeowners’ association meeting decided that flower boxes must now be attached only from the inside of the balcony railing. Anyone who violates this rule will be liable for any potential dirt or damage to the common property.
Munich District Court Upholds Homeowners’ Association Decision
The affected owner did not want to accept the decision and filed a lawsuit with the Munich District Court. However, the court dismissed her case. The decision made by the homeowners’ association was valid as it served to prevent damage and was permissible as a measure of proper management. The fact that flower boxes had been placed outside for decades was irrelevant. There didn’t even need to be a specific danger. The plaintiff could still use her balcony effectively with flower boxes attached inside, according to the ruling on the legal portal “anwaltauskunft.de” of the German Bar Association (DAV).
Liability Without Fault Unacceptable
However, the court declared a part of the decision invalid: The proposed no-fault liability for potential damage or dirt violated legal requirements. Such a regulation contradicted the legal principle of fault-based liability, as stated in the ruling. (Case No.: 1293 C 12154/24 WEG)
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Can Flower Boxes Only Be Attached from the Inside?
Homeowners’ associations (HOAs) are entitled to require that flower boxes be attached on the inside of the balcony railing if this serves to protect the common property and does not unreasonably restrict the owners’ usage options.
This is particularly the case if attaching them on the outside could lead to damage to the building. An example would be water damage due to leaky flower boxes. However, the HOA is only entitled to make such regulations as long as the decision does not lead to an unreasonable restriction of the owners’ usage options and is in line with proper management.
With material from dpa