Facts
The condominium association "Fäld-Stettli" has existed since 1975 and consists of 37 co-ownership shares distributed over two buildings in Geroldswil. Robert A. Vogel has owned six shares with a total of 116 thousandths since the beginning. Two apartments and four offices are located in building No. 89, where he also uses a storage room and three parking spaces in front of the building. In building No. 87, he has the use of the basement, hobby, and two archive rooms, as well as two garage spaces.
In judgments dated November 2, 1988, the District Court of Zurich partially upheld two lawsuits filed by Robert A. Vogel against the condominium association "Fäld-Stettli" and declared the resolutions of the condominium association regarding the approval of the 1985 annual accounts of August 19, 1986 and those regarding the 1986 annual accounts of April 30, 1987 as invalid. These resolutions concerned in particular the cost distribution for a roof renovation in building No. 87 and for the elevator.
In two judgments dated November 21, 1989, the Cantonal Court of Zurich dismissed the appeals of Robert A. Vogel, upheld the appeal of the condominium association "Fäld-Stettli" and dismissed the two lawsuits in their entirety.
Considerations
The Federal Supreme Court has confirmed the jurisprudence that Article 712h paragraph 3 of the Swiss Civil Code is a mandatory legal provision. Accordingly, the distribution of the costs for common building components, facilities or installations must take into account if these do not or only to a small extent serve the individual condominium units.
In the present case, it cannot be said that the roof of building No.…