Facts
The condominium association S. filed a lawsuit against D. and St. due to defects in the common building components of the multi-family houses they had constructed and sold. The High Court of the Canton of Aargau ordered the defendants to pay around 302,000 Swiss francs. The defendants filed an appeal, as they disputed the plaintiff's active legitimation.Considerations
The Federal Supreme Court upholds its previous case law, according to which the condominium association is not by law the bearer of the warranty claims of its members. The warranty claims are of a contractual nature and can therefore generally only be asserted by the individual condominium owners. A legal cession of these claims to the association is rejected, as this would be an inadmissible legal development…