Condominium owners’ associations (WEGs) must fulfil their duty to ensure public safety and clear leaves from their property in autumn so that nobody is injured. If a service company is commissioned, it is important for the management to supervise it. The Wohnen im Eigentum (WiE) consumer protection association has drawn attention to this.
Understand and observe the duty to ensure public safety
Owners bear the duty to ensure public safety in relation to hazards arising from buildings or land. In the case of condominiums, the legally competent condominium owners’ association (WEG) is responsible for fulfilling this duty. It must ensure that no visitor, resident or passer-by is harmed on the property or in the building.
Commission a service company by majority resolution
WEGs can organise leaf clearing themselves to save costs. However, this can be done only on a voluntary basis; no co-owner can be required to take part. The alternative is for WEGs to pass a majority resolution instructing their management to commission a service company, such as a caretaker service, to clear the leaves. For clarity, the resolution should also state that the management will supervise the service company regularly and carry out at least spot checks, Wohnen im Eigentum recommends.
Supervision necessary for liability reasons
If someone is injured on the property because leaves were left lying around and not removed, because the service provider did not work reliably and was not adequately supervised, they may bring a claim for damages against the WEG. This means that the WEG is liable in such cases, and that can be expensive. However, the WEG may then seek recourse from the manager if the manager failed to supervise the service provider properly.
“If condominium owners notice failings by the commissioned service company, they should keep a record and inform the management,” advises Dr Sandra von Möller, a board member of Wohnen im Eigentum.