Facts of the case
A condominium owners’ association (WEG) with 43 residential units and an underground garage had to take care of the renovation of the building’s own flat roof. The roof was leaking and thus in need of renovation. However, the costs for the complete renovation of the roof exceeded the financial means of the WEG, so the overall renovation was to be divided into partial renovation sections. For this purpose, a multi-year renovation plan was developed, which proceeded according to the urgency of the respective roof section to be renovated. The renovation of the first three sections went smoothly. However, the decision to renovate the fourth section with an area of 285 m² was contested. No comparative offers were obtained for this section, but the company that had renovated the previous three sections was commissioned. The costs for the rehabilitation of the fourth section amounted to 68,741.48 euros. The question at issue in the proceedings was: Are at least three comparative offers required for a roof renovation?
NECESSITY OF COMPARATIVE OFFERS
In principle, the condominium owners’ association has discretionary powers. According to this discretion, the condominium owners’ association is authorised to commission a craftsman’s company that has proven itself in past work. The obligation to obtain comparative offers can nevertheless be reasonably justified. On the one hand, this can of course be justified by the financial comparison possibilities. However, in view of the high economic burden for the condominium owners’ association, the failure to obtain comparative offers contradicts the principles of proper administration. A sufficient factual basis is required, which is not guaranteed without obtaining comparative offers. Exceptions to this would be, for example, that due to a lack of interested parties, only a bid from a craftsman’s company can be obtained or that a specialised craftsman’s company is required for the renovation.
JUDGMENT OF THE BONN DISTRICT COURT, DATED 13.12.2021 – 211 C 25/ 21
The Bonn Local Court ruled on these grounds: At least three comparative offers are required for a roof renovation. This applies at least to contract awards where the value exceeds 3,000 euros. The reason for this is that if the contract value is low, obtaining offers would involve disproportionate effort. The three comparative offers must then be obtained anew for each section to be rehabilitated.