Facts
M. is a member of the condominium owners' association E. in Münchenstein. In 1978, a stately ornamental maple tree in front of his apartment was felled against his will. On March 26, 1979, the condominium owners' meeting decided not to plant a new tree in place of the ornamental maple. M. filed a lawsuit against this resolution, which was, however, dismissed by the District Court of Arlesheim and the High Court of the Canton of Basel-Landschaft. The Federal Court does not enter into the appeal against the judgment of the High Court.
Considerations
The Federal Court decides that the present legal dispute over the challenge to resolutions of the condominium owners' meeting is to be considered a dispute of a pecuniary nature within the meaning of Art. 44 para. 1 and 46 OG. Although the law of associations is applicable to the challenge of resolutions of the condominium owners' meeting, the economic interests of the condominium owners in the exercise of common ownership are at the forefront here, and not personal rights.
The Federal Court states that disputes in connection with condominium ownership…