Facts
The case concerns the resolution of renovation works on the facades of a condominium consisting of 95 property units. Owner A. challenged the resolution of the condominium assembly that approved the "ventilated facade" variant for the works, arguing that the double majority required by law had not been reached.
The Federal Tribunal dismissed A.'s appeal, confirming the decision of the cantonal judges. The central issue concerned the calculation of the double majority necessary for the approval of useful construction works in a condominium, pursuant to Arts. 712g para. 1 and 647d para. 1 of the Swiss Civil Code (CC).
Considerations
According to the Federal Tribunal, in the absence of a different regulatory provision, the majority per capita required for the approval of useful construction works must be calculated on the co-owners present (or represented) at the assembly, in application of the reference in Art. 712m para. 2 CC to Art. 67 para. 2 CC.
The condominium regulations provided for a derogation from the legal provisions only for decisions in general ("majority of voting co-owners"), while the…