Facts
Property No. x is divided into condominium ownership. The 5-room apartment on the ground floor with a share value of 244/1000 is co-owned by A.A. and B.A. (appellants). The spouses C. are the owners of the remaining condominium units with a share value of 756/1000. The appellants and the spouses C. form the condominium owners' association E. (respondent).
In the summer of 2011, the spouses C. had a central boiler installed in the communal heating/laundry room without obtaining the consent of the appellants or a resolution of the condominium owners' association. No solution could be found at the meeting on September 1, 2011. The appellants demanded that the central boiler be removed.
At the extraordinary meeting on May 8, 2012, three motions were passed: 1. Approval/authorization of the installation of the central boiler, 2. Approval/authorization of the connection of the central boiler to the oil heating system, 3. Resolution that the central boiler and the connection to the heating system are in common ownership. These resolutions were adopted with the votes of the spouses C. against the vote of the appellants.
The appellants filed a lawsuit to have these resolutions declared invalid. The District Court and the High Court dismissed the lawsuit. The appellants then filed an appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court first determined that the challenge to resolutions of the condominium owners' association is a matter of property rights, for which the amount in dispute must be estimated. The Federal Supreme Court is not bound by the information provided by the parties or by an obviously incorrect estimate of the…