Can a block of flats’ owners’ association, by a majority vote, commission an international street artist to paint the entire façade of a high-rise building in large-scale murals? The Federal Court of Justice has ruled in the affirmative, thereby sending an important signal to owners’ associations wishing to participate in urban art projects.
What had happened?
An organisation from Wuppertal offered a block of flats’ owners’ association the chance to have the façade of a high-rise building within the complex designed free of charge by a well-known street artist. The project enjoyed the support of the Lord Mayor and was part of a wider urban design initiative. The mural was intended to remain in place for at least ten years; however, after five years, the association was free to decide whether to keep the mural, paint over it or insulate the façade.
The majority of the owners agreed and authorised the property manager to sign the relevant licence agreement. One owner took legal action against this: he regarded the measure as a fundamental redesign of the residential complex and criticised the fact that the exact appearance of the artwork had not been determined in advance.
Decision of the Federal Court of Justice
The Federal Court of Justice dismissed the appeal lodged by the claimant, the property owner. The court made it clear that the colour scheme and artistic design of a façade fall within the definition of a structural alteration under Section 20(1) of the WEG, on which flat owners may take a decision by a majority vote. Even if the visual appearance of the estate is significantly altered, such a majority decision remains, in principle, permissible.
At the same time, the Federal Court of Justice emphasised that the decision was sufficiently specific, even though the finished artwork had not been determined in every detail in advance. This is in the nature of artistic creation: a work of art develops through a creative process, is shaped by the conditions on site, and cannot be planned down to the last detail in the same way as a craft commission. What is crucial is that key framework conditions – such as the area to be designed, the allocation of costs, the duration and broad guidelines on colour and style – are set out. This was the case here. (Case number: V ZR 165/25, judgement of 25 September 2026)
No fundamental overhaul
The claimant relied on Section 20(4) of the WEG, according to which measures that fundamentally alter the residential complex may not be decided by a majority vote. The Federal Court of Justice (BGH) did not accept this objection. The criterion is the residential complex as a whole, not just the individual building or the façade in question. Furthermore, the façade mural was part of a city-wide art project and was shaped in part by its surroundings. An overly broad interpretation of the term would effectively exclude communities from participating in such projects, as unanimity is virtually impossible to achieve in larger estates.
Similarly, the court ruled out any unfair disadvantage to individual owners. The fact that someone does not find the painting aesthetically pleasing is not sufficient grounds for this.
What does this mean for flat owners?
The ruling shows that majority decisions in owners’ associations can permit measures with far-reaching visual implications, provided that the overall character of the development is not fundamentally altered. For questions regarding WEG resolutions and the limits of majority decisions, it is advisable to seek legal advice on a case-by-case basis.
Source: BGH press releases
This post and the accompanying image were created with the help of AI and have been editorially reviewed.
