Facts
The parties are condominium owners of a property in Basel. René [T.] and two other condominium owners applied at the condominium owners' meeting for the dismissal of the administrator, X. Verwaltungs AG. Since their application was rejected, they sued the Civil Court of Basel-Stadt for dismissal of the administration. The court upheld the claim and ordered the defendant condominium owners' association to pay the court costs.
In the balance sheet and accounts for the year 1986, X. Verwaltungs AG had charged all condominium owners proportionately for the litigation costs. Since the former plaintiffs assumed that they did not have to contribute to these expenses, they contested the approval of the 1986 annual accounts at the Civil Court of Basel-Stadt. This court upheld the claim and obliged the condominium owners' association to pay the court costs.
René [T.] then sued Karl Peter [T.] for payment of the proportionate amount of the litigation costs. The District Court of Arlesheim and the High Court of the Canton of Basel-Landschaft upheld the claim.
Considerations
According to Article 649 paragraph 1 of the Swiss Civil Code (ZGB), administrative costs, taxes and other charges arising from co-ownership or resting on the common property are borne by the co-owners in proportion to their shares, unless otherwise stipulated. If a co-owner has borne such expenses beyond his share, he can claim reimbursement from the others in the same proportion (Art. 649 paragraph 2 ZGB).
However, the challenge of a resolution of the majority of the co-owners, by which these litigation…