Latest / RENEWA Sanierungsnavigator / Vergleichsangebote notwendig? BGH Urteil sorgt für Klarheit
Transcript
- Oliver: you Whoever part of a housing property community or a WEG manager, knows the subject. As soon as maintenance or sanitary measures are in is quickly discussed how orders should And one question has been standard Do more more comparison offers have included? The Federal Court of has now it clear. And the most important message is no, no general obligation to compare. But let's take What was the starting point? This was a dispute in a property owner community in Wuppertal. It was about new windows, exchange of a forecourt glazing and painting work. And one owner was of opinion that several craftsmen would have be to be able compare He wanted to that it written cleanly that no one disadvantaged. Many lower courts had represented the line from a certain size order, often from 3000 euros. three comparison offers should This was in practice for many administrators and owner communities something like the rule and that was always quite complicated. Because when it to things like roof cleaning or a heat pump, I'm honest, no one can these offers. They don't know if there are precise points in but in the end they at the price and decide on the price and honestly, it never worked The BGH has therefore this schematic view a clear statement. The judges say that there is no strict obligation to several comparison offers And that is understandable. Sanitation and repair measures are very different Some work are urgent, some have special technical requirements and sometimes the market is problem because suitable craft industries are in large numbers. And especially with damages where haste offered, for example moisture damage, purchase of further offers can even counterproductive. If weeks are then will and the end will often increase. Another important point from the judgment is that an owner community may also for a craft business that has already proven i.e. someone who the object, works professionally clean and calculates economically reasonably. The BGH is a case of known and proven. And that is often real advantage If companies already know processes are played in and the cooperation works can absolutely useful to this existing business relationship instead of at zero and then maybe only after the price to decide and then find that in a second offer certain points were not clearly clarified. But it also that judgment does not mean that everything can without control. A WEG must continue in accordance with and decisions must therefore continue to be understandable, factual and economically representative. If an offer is obviously inappropriate or clearly overpriced, then individual properties can continue against, if necessary. Under the line, however, judgment is the responsibility of housing property communities. There is more room for pragmatic decisions, less strict regulations and more orientation of what in specific case. In comparison offers can still useful, but they are not automatically required. The factor is whether the decision of the community is reasonable, understandable and the interest of a proper administration.