Did the Hausordnung say you were allowed to use place outside your garage as a permonant second parking place?
Your rental contract state how many parking places you rented and that's the number you are allowed to use permonantly. Unless you have 2 parking spaces written into your contract, one being in the garage and one outside, making rules that specifically forbid parking outside the garage is not changing the rental conditions agreed in your rental agreement.
Allowing you to park occasionally in front of your garage is your neighbours being very nice about it and is great when you have visitors, but sadly one neighbour abused it and parked his car there permonantly.
Ouch! I hope I wasn't abusing our neighbours' niceness. I stopped parking there as soon as I was asked not to.
By the way, the Hausordnung is explicitly incorporated into the rental contract (it says so in the contract). And the Hausordnung states that, if you have a second car, it must be parked on the Vorstellplatz in front of your garage, and not on the communal thoroughfare. It's difficult to see how this could be interpreted as a concession by nice neighbours to let you park there occasionally. A second car is not something that you have occasionally.
It depends how they worded the house rules. If the Hausordnung says that the Vorstellplatz in front of your garage belongs to your flat as a permonant parking place then you have a right to use it permonantly. Is it marked by lines? Is it numbered?
Paragraph 3 just states that paragraphs 1 and 2 (i.e. a rental increase) are also valid in the case of the renter changing the rental contract to the worse for the tenant.
This isn't aobut a rental increase, though, or is it? It's just about the parking space use.
Maybe I misunderstood it. I thought that the point of paragraph 3 was to apply the same rules for "Leistungen vermindern" or "Nebenkosten einführen" as apply for raising the rent.
Yes, that would be nice and clear. In fact the Vorstellplätze are not individually marked out, but there is a Vorstellplatz area clearly marked across the front of each group of garages, separate from the communal thoroughfare.
The wording of the Hausordnung, if I remember correctly, is "Zweit- bzw. Besucherfahrzeuge sind stets auf dem eigenen Vorstellplatz abzustellen" or something like that.
First let me say I am an Eigentümer so I can tell you how it is on my end.
Hausordnung ..?
Forget it, it doesn't exist as there is no longer one single landlord except in your case but if your landlord doesn't care what you do within the confines of his property the other Eigentümer are virtually powerless to do anything about it (unless you're breaking some law or local ordinance).
We have a couple of flats that are rented out and the tenants do cause some problems of which we have also discussed during our Eigentümerversammlung but our Verwaltung constantly reminds us outside of "bluffing" there is very little we can legally do about our problems.
So ask your landlord ( Eigentürmer) of the apartment that you are renting if he has a legal right to park in front of his garage door ( Sondernrecht) than so do you but if the space in front of his garage door is classified as Gemeinshaftsland then you might be out of luck as now that plot of space belongs to everyone and they will have more power by it.
Thanks. Good idea, but life is too short. I will just go out of my way to be extra nice to all our neighbours - and park in front of the garage every now and then, of course, to maintain the tradition...
To legally resolve Jern's dilemma, we need to know what is written in the articles of association (in German Statuten ) of the condominium owners. There are several possibilities:
1. Simple majority of condo owners can change the rules.
2. A 2/3 majority is needed
3. Only unanimous decisions are valid, i.e. any condo owner can veto.
If veto is possible, then Jern's landlord can prevent the rules changing. Otherwise, J's landlord must issue sufficient notice to J about a change in terms and conditions.
Considering the acute shortage of suitable apartments, J would de facto accept the revised T&C.
1. There are no "rules" but there are "laws" which govern the ownership of shared properties (ie: apartments)
2. Depends on what is being voted on. Normal affairs such as upkeep, maintenance and improvements to the properties need only a simple majority 51% but I believe changing of the Verwaltung requires a 2/3 vote.
3. All voting results are final and majority rules, there are no vetoes.