Facts
This judgment of the Swiss Federal Court addresses the issue of passive legitimation in disturbances originating from common building components in condominium ownership. The appellants A.A. and B.A. are owners of a condominium unit whose atrium is located under a newly positioned bridge. They demanded that the condominium owners' association X. and the company H. AG relocate the bridge to its original position.
The Federal Court concluded that neither the condominium owners' association nor H. AG have passive legitimation. While the condominium owners' association is responsible for the administration of the common building components, it does not have a general obligation to relocate the bridge. Instead, the appellants should have sued the individual condominium owners as co-owners of the property.
Considerations
The Federal Court explains that in condominium ownership, a distinction must be made between the totality of condominium owners as co-owners of the property and the condominium owners' association as the administrative community. The condominium owners' association is legally and procedurally independent and may have passive legitimation in the scope of its administrative activities, such as in claims against it as the owner of the structure.
In the present case,…