Facts
In a building with condominium ownership in Stansstad, it was decided to carry out renovation work on House I for over 80,000 Swiss francs. Some condominium owners, whose units were located in Houses II and III, did not agree with this decision and filed a lawsuit with the Cantonal Court of Nidwalden. The Cantonal Court and the High Court overturned the decision.
The condominium owners' association appealed to the Federal Supreme Court. It argued that the costs were common costs within the meaning of Art. 712h para. 2 of the Swiss Civil Code, which must be borne by all condominium owners in proportion to their share values.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the allocation of costs for work on a building with condominium ownership does not depend on the nature of the work, but on the part of the building where it is carried out. Insofar as the renovation work is exclusively in the interest of certain condominium owners, they are solely responsible for it.
However, for work on the common parts of House I that serve all condominium owners, such as the heating system, all condominium owners must contribute to the costs according to their share values. For work on parts that only…