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Condominium: My balcony belongs to everyone

When it comes to the balcony of a condominium, not all property is created equal. Owners want to make their balcony comfortable according to their own taste. Privacy screens, flower boxes, and climbing plants are particularly popular. But be careful! Not everything is allowed.

If you are a homeowner who enjoys a certain amount of privacy when sunbathing on your balcony and are therefore considering installing a balcony railing with a privacy screen made of reed mats or canvas, you should first take a look at the community rules. Apart from the flooring, the balcony is communal property.

This means that it belongs to the apartment owners as a whole. However, this must all be stipulated in the community rules. If these do not allow you to create your own privacy, a privacy screen can quickly be considered a structural alteration due to its visual impact on the façade.

Do not convert balconies without permission

This applies in particular to balcony glazing, replacement of the balcony railing, or the installation of blinds. Even raising a partition wall to the neighboring balcony is affected if it was only as high as the balcony railing. Anyone who builds without permission may, in the worst case, be forced to dismantle the structure at their own expense. The situation is somewhat different when it comes to planting on the balcony. Here, the owner enjoys considerably more freedom. Even if the community rules do not mention this, planting on the balcony is permitted. This also applies even if the plants are visible from the outside. However, the plants must not cause any inconvenience to other residents. This means that the plants must not grow over to the neighbors or drip water onto the balconies below.

Repair costs are shared costs

Maintenance, repair, and renewal of balconies are primarily a matter for the community. Unless the community rules state otherwise, the community of owners is responsible for this. However, the community rules usually stipulate that the individual owners are responsible for maintenance and repairs. This does not give them the right to design the balcony as they wish.

The renovated balcony must be restored to its previous condition. In addition, the community decides when renovation is to take place. It is NOT required to take the financial situation of individual owners into account.

So, if you're thinking about buying an apartment, it's a good idea to read the community rules first. You should pay special attention to other restrictions on usage rights.

Would you like to know what to look out for when selling or buying a condominium? Contact us! We will be happy to advise you.

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Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.

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