Duty of the manager to ensure winter maintenance
Code: OBBY00063
Question
We have a management contract in the apartment building. I slipped on the icy sidewalk in front of the house gate in the morning, sustaining an injury that required hospitalization. Can I claim compensation from the manager?
The answer
If it is an access path, on which you slipped, to the residential building, then the answer is yes. The duties of the manager of the residential building also include winter maintenance of the common parts, facilities and accessories of the residential building and thus also of the access path to the building. Especially during the winter period, the manager should ensure the maintenance of the common parts/facilities around the clock in order to avoid damage to health. This obligation does not need to be explicitly stated in the management contract, as it follows directly from the law.
Answer according to the current legal status valid on 07/02/2023.