A developer sold his last house. With this apartment special use rights to 10 parking spaces are connected, which could not be sold. The declaration of division was agreed by addendum, the buyer maintains the special rights to use the parking spaces for the property developer in trust. The developer may sell and assign them to other units.
The owner community has dubbed the claim against the developer and will be enforced. The Supreme Court permits this, as far as the attachment to which the fiduciary relationship resulting claims against the buyer of the builder (= trustee) applies.
These include rights to payment of the surplus from the management of parking spaces and assignment of claims against any tenant parking. can also be attached to management rights, ie rights to issue or transfer of the special rights and their reallocation. The special rights to use the other hand, can not be seized because they belong to the buyer. The interesting question is whether and how a recovery can be seized, the claims and was not decided.
practical tip
aforementioned Constellation allows the developer even after selling off their last home to take effect on the sale of special rights of use or profit therefrom. Not infrequently, however, owed by the property developer who left the community money. Is an appropriate sentence (title) before, can seize the Community to the developers of a fiduciary relationship legal rights. Does not require a title against the trustee because it is the developer claims that are attached. It is however important to clarify that the subject of the seizure are not special rights to use the parking spaces, but only the claims against the builder of the apartment owners from the fiduciary relationship existing between them on the pitches.
Author: Susan Tank - tank@bethgeundpartner.de
Source: BGH, decision of 22 April 2010, VII ZB 15/09 - www.bundesgerichtshof.de
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