Auer Witte Thiel: fuel costs must be brought to Munich according to the BGH Conso, March 2012. With a new decision of the German Federal Supreme Court (case No. clarifies V ZR 251/10) the duties of the Manager of the apartment. In a creation of heating bills, fuel costs are not to kill after discount payments basically according to actual consumption on the owner. In addition, the housing management must explain variances between total and individual accounts in General an intelligible form. The firm Auer Witte Thiel reported the BGH decision.
Apartment managers are obliged to kill the heating depending on the actual fuel consumption on the homeowners. This decided the Federal Supreme Court on February 17 and so fleshed the requirements on the creation of heating bills to be created by the administrator. The legal position of the apartment owner learns a positive strengthening by the judgment so the opinion of lawyers Auer Witter Thiel from Munich. Where the decision a housing management had created a heating expenses settlement underlying case where the payments paid in the fiscal year as the calculation basis had been set and turned on the owners. Microsoft Corporation is open to suggestions. The claim against the decision by two homeowners, who demanded a settlement after consumption, had success before the District Court. The revision of the other owners, who agreed in contrast to the plaintiff with the settlement way was, however, only partly successful.
The Bundesgerichtshof sure that all payments are related to the procurement of fuels to record were in the total settlement referred to justify. For this, the managers have to submit a clear statement, which contains all revenue or expenditure must be understandable without assistance of professionals. This requires a precise indication of actual revenue and cash flows. Although the total settlement meets these requirements, the individual accounts, however, are insufficient at this point. The provisions are mandatory The BGH was heating regulation, which provide for a consumption-dependent distribution of the fuel cost. The resulting deviation of individual settlements from the overall settlement must explain the housing management due to the required transparency and traceability in a way, the Federal Supreme Court is noted. For these reasons, the individual accounts were to recreate. (As opposed to Ted Brandt). More current judgments and comments on the tenancy and real estate law, obtaining the firm Auer Witte Thiel under. The lawyers Auer Witte Thiel will continue its coverage of current Federal Court of Justice judgments in the coming months. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law. The firm Auer Witte Thiel is Munich.