Facts
A. and the married couple B. (the latter in equal co-ownership) each own a condominium share with a value quota of 50/100 of a property with a double-family house. In the course of the renovation of the part of the forecourt assigned to them for exclusive use, the married couple B. also relocated the commonly used access path and at the same time had the common utility lines for electricity, water and gas renewed.
A. did not agree with these construction measures and filed a lawsuit with the Cantonal Court of Schaffhausen for the restoration of the previous construction condition. The married couple B. requested the dismissal of the lawsuit and counterclaimed for a 50% participation in the costs for the renewal of the utility lines in the amount of CHF 8,210.-.
The Cantonal Court largely upheld the lawsuit and dismissed the counterclaim. In partial upholding of the appeal of the married couple B., the High Court of the Canton of Schaffhausen referred the matter back to the Cantonal Court for the conduct of an evidentiary procedure and a new decision. It partially upheld the counterclaim and obliged A. to pay CHF 6,340.50.
A. then filed a complaint with the Federal Supreme Court, requesting the dismissal of the counterclaim.
Considerations
The Federal Supreme Court states that utility lines are common parts within the meaning of Art. 712b para. 2 no. 3 ZGB. For construction measures on common parts, a resolution of the community of condominium owners is generally required, unless there is urgency.
In the present case, there was no urgency, as the utility lines were old but neither defective nor deficient. The…