Facts
The case concerns a legal dispute between the owner of a condominium unit (Dr. iur. Paul Cron) and the other condominium owners of a property in Lucerne. The condominium association's regulations provided for a restriction on the use of condominium unit No. 7089 to an exhibition room for a private museum with limited public access. However, the owner wanted to use the unit for the operation of his publishing and music business.
The lower instances had declared the use restriction in the regulations to be ineffective, as it violated the right to personality, the guarantee of property, and the principle of equal treatment. However, the Federal Supreme Court came to a different conclusion:
Considerations
The Federal Supreme Court held that a use restriction agreed upon among the condominium owners is generally permissible, as long as it does not hollow out the core content of the right of ownership. A restriction that does not endanger the owner's economic existence does not violate the right to personality.
The guarantee of property under the Federal Constitution also does not preclude such a use restriction, as condominium ownership is a specially designed form of co-ownership, and the interests of the community must be taken into account.
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