A condominium owners’ association (WEG) wanted to prohibit the parking of electric cars in its underground garage for fire safety reasons. A court has now declared this inadmissible: the WEG reform, which stipulates a mandatory charging point for electric cars, is undermined by such orders.
Fire protection reasons for the parking ban?
In the case in question, the community wanted to prohibit a tenant of an underground parking space from parking his plug-in hybrid vehicle. The reason given was fire protection. In a letter to the person concerned, it was stated that the fire of an electric car would take longer to extinguish than a gasoline fire and, moreover, could not be extinguished with extinguishing foam. To extinguish a potential fire, the vehicle would rather have to be pulled into a container by the fire department, which is not possible due to the structural conditions, from which it follows that leaving the vehicle to burn in the underground car park is the only way of controlling the fire. This, in turn, was an unacceptable danger to the common property.
Reform of the Condominium Act is undermined
The competent district court in Wiesbaden has now ruled that such a parking ban is inadmissible, as it would undermine the provisions of the reform. The reform of the Condominium Act created a legal right to a charging option for electric cars; however, a parking ban in the underground garage would precisely prevent the use of this charging option. The parking ban thus violates an essential objective of the legislation and is accordingly inadmissible. The fire protection aspects were simply not relevant.
Also parking bans in public underground garages
Previously, there had already been parking bans in public underground garages, which were also justified on the grounds of fire protection. The city of Kulmbach, for example, had issued such a parking ban, but later lifted it again after fire blankets and telescopic loaders had been procured for the underground garages.