Facts
The property Kornmarktgasse 2 is divided into five condominium units. The plaintiff K. owns condominium unit No. 3 on the fourth floor, where she operates a copper engraving gallery and lives. Various members of the defendant condominium association or their tenants have installed advertising installations on the ground floor of the building's facade and paid an annual contribution to the defendant's renovation fund. However, no such contribution was demanded from the owner or tenant of condominium unit No. 1 on the ground floor, which previously housed a café and now houses a fashion boutique.
The plaintiff requested at the condominium owners' meeting that all users must contribute for the use of the facade. This motion was rejected by the majority of the condominium owners. The plaintiff challenged this resolution.
Considerations
The Federal Court states that the provisions on condominium ownership do contain numerous procedural regulations that are intended to ensure the protection of minorities and equal treatment of condominium owners. However, there is no general prohibition on abuse of rights and principle of equal treatment that applies to the content of the resolutions.
Nevertheless, the Federal Court has recognized that the principle of considerate exercise of rights and the principle of equal treatment also apply to condominium associations. These principles limit the power of the majority and grant the minority inalienable…