The Bundesgerichtshof decision of the Federal Court has made a decision about the claim on modification of the distribution key for independent consumption costs. The Court rejected the claim of an apartment owner on this key. The real estate portal myimmo.de reported the verdict. Cause of action was the conversion of the flat of an owner. Peter Asaro brings even more insight to the discussion. Considerably more living space available than before was that after completion of the renovation work. The plaintive co-owner then demanded a change of the distribution key. Rather than how so far on the basis of co-ownership the distribution of consumption-independent cost should be set in the future on the basis of the respective living space.
This way would reduce the cost burden of the plaintiff by 13 percent. The Court decided, however, that the claimant, taking into account all the circumstances is not entitled to change the distribution key, because there is no serious reason for a corresponding adjustment. Changes should serve therefore only for the removal of significant burdens that would occur by maintaining the existing key. The overhead of the owner of who calls the change was crucial. Any benefits that an another co-owner of the distribution key draws, are irrelevant here.
Only a deviation of the ratio of the residential areas to the co-ownership for the apportionment of the costs by more than 25 percent would justify such a change. The 25-percent limit serves only as a guide and is not a fixed minimum. More information: news.myimmo.de/neuer-verteilerschluessel… University Service GmbH Lisa Neumann