Special right to use a garden area
In a condominium complex, the garden is usually part of the community property. Every resident can use it. There is an exception if you, as an apartment owner, have a special right of use for a garden area. But here, too, you have to follow rules. Not every use is permitted.
Gardens are community property. Since a garden does not form a self-contained unit, there can be no separate ownership of a garden area. However, a special right of use can be assigned to an individual apartment owner.
Special rights of use require mutual agreement
- A special right of use exists if it is expressly provided for in the declaration of division or is subsequently agreed by the apartment owners. Since this affects the community property, it is not enough for the community of owners to decide on the right by majority. Everyone always has to agree.
- The intensity and extent of use by the respective apartment owner entitled to special use is determined by the purpose of use of a garden. This is based on the traffic view. Ideally, the purpose of use is described in detail in the declaration of division.
Your garden area is not your kingdom alone
- As an apartment owner, you are entitled to use your garden area as part of a normal garden design and use of the garden. You have to know that the community of owners does not want to relinquish all decision-making powers on a regular basis. Even as a special user, you are not the same as an owner. For example, if you would like to limit your garden area with a hedge, you will affect the overall visual impression of the residential complex and will need the consent of your neighbors to do so.
- However, you can easily create flower beds, plant low-growing bushes and shrubs and, of course, set up garden furniture. It can already be problematic with play equipment for children. To do this, you need to look at the size of the garden area in relation to the size of the playground equipment. A giant slide in ten square meters of garden space would be disproportionate. Even if the playground equipment has to be concreted in for stability, you may be exceeding the limits of normal garden use.
- You are regularly forbidden from planting tall trees. In doing so, you interfere with the external appearance of your residential complex and thus also affect the interests of your co-owners. The planting of a hawthorn hedge was also objected to.
- They are not allowed to erect fences on a regular basis. This also affects the appearance of the system. Even a knee high one bed edging was objected to. It is different if you are the special owner of a semi-detached house and draw a fence to demarcate the boundary.
- The erection of a garden shed is also regularly criticized. This is a structural change to the residential property. You need the consent of all apartment owners for this. A covered seating area, which was separated by glass walls on the side, was also objected to.
- It should go without saying that you are not allowed to make structural changes in a condominium complex. So you are not allowed in your garden area fish pond create or replace a window with an access door to the garden area.
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You should usage framework of a special right of use very seriously. If you exceed your limits, your co-owners can demand that you dismantle a structural change and restore the previous condition. Ideally, you present your request at the owners' meeting. Only the consent of all co-owners secures your plans.
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