Legal questions about the common court?

Questioner

There is an article in our deed that states that members do not have to contribute if they do not benefit from renovations to or on the common areas. There is also a different voting method (2/3 present and 75% in favor). But still, the person who thinks (very subjectively) that he or she does not benefit from this does not have to contribute. Now there are members with plans (value approximately 16 to 20 thousand euros) in our complex with 15 homes to build a garden on our common courtyard that also serves as a piece of roof of the underground garage. According to the deed, this courtyard will be entirely at the expense and risk of the division of housing. For this purpose, containers (largest approximately 0.6 by 15 meters) will be placed and a contractor/gardener will drill into the common walls. The question is whether this can also be considered a renovation in the context of apartment law.

Lawyer

I believe that the construction of a garden on the common roof cannot be considered a renovation. However, the permission of the owners will be required for this because a change has been made to the common part.

Questioner

But what if those who want this want to recover the costs from the VVE? Should everyone just pay their share even though they think there is no benefit from it?

Lawyer

Yes, it is inherent to the condominium law that all owners share the costs of the decisions about the common parts. If an owner does not agree with the decision to create the garden, he can turn to the subdistrict court and request to annul the decision. This must be done within one month after the meeting at which the decision was made.