Facts
The Zentrumsüberbauung Hotelapart Y. is a condominium real estate complex, comprising a hotel, apartments, commercial spaces, and sports facilities. The owner Z. contested the decision of the condominium association to authorize the company X. AG, the operator of the hotel, to replace an existing tennis hall with a new building housing a wellness facility, seminar rooms, and additional hotel rooms.Considerations
The DFC considered that this project did not constitute a change in the purpose of the building within the meaning of Art. 648 para. 2 CC, as the overall character of the complex, namely a hotel with apartments, was not modified. Although the new wellness facility differs from the existing tennis hall, it is in line with the hotel and leisure purpose of the entire property.
Furthermore, the DFC ruled that the…