Facts
X. is the owner of Condominium Unit No. 6 in a property with six units. In 1986, he converted the attic into a living space and installed a wet room with a shower and toilet; he also converted the laundry room into a kitchen. In doing so, he broke through the walls between the 2-room apartment and the laundry room, as well as between the laundry room and the attic. Furthermore, he installed an additional door in the stairwell area and moved the pull-out ladder.
At the extraordinary condominium owners' meeting on April 14, 1999, the four owners of the six units in total, with three votes against the one vote of X., passed the following resolutions:
- Rejection of the change of use of the ancillary rooms, laundry room and attic, in Condominium Unit No. 6 into living spaces;
- Obligation of the owner of Condominium Unit No. 6 to restore the original condition in accordance with the deed of foundation and regulations.
Considerations
The High Court has rightly decided that the plaintiff was not allowed to interfere with the common building components on his own authority. The broken-through and relocated walls were in common ownership, as they were not designated as private property in the deed of foundation and the plans, unlike those within the apartment.
While the condominium owner is free to design the structural layout of his own rooms, he may not impede the exercise of the same right by any other condominium owner or damage the common building components or impair their function and external appearance. This does…