Facts
The appellant [A.] is the owner of the condominium units D2 and D4 of a property. She leases these to the [D. GmbH] for use as age-appropriate assisted living. However, the condominium owners' meeting decided that this use is not permissible and requested [A.] to terminate the lease agreement.
[A.] filed a lawsuit with the District Court of Meilen to have the resolutions revoked. The District Court and the High Court of the Canton of Zurich dismissed the lawsuit. Thereupon, [A.] filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to the regulations of the condominium owners' association, the condominium units are intended solely for residential purposes. The operation of a nursing home by [D. GmbH] goes beyond a mere "residential use".
The Federal Supreme Court emphasized that a change in the type of use of a condominium unit requires a corresponding amendment to the regulations or a resolution of the condominium owners. The specific use as a nursing home is incompatible with the "residential purpose" provided for in the regulations. Even if the contractual elements of the…