Facts
[A.] , [B.] , [C.] , [D.] and [Z.] are co-owners of a property. In 1989, condominium regulations for the co-ownership community [H.] in [G.] were agreed upon, which provided for an amendment by a 3/5 majority of the co-owners. On April 23, 2012, the co-owners decided by a majority of 4 to 1 (dissenting vote [Z.] ) to make various amendments to these condominium regulations. Notary Dr. [Y.] was commissioned to register the amended regulations with the land registry office.
However, the land registry office rejected the registration, as the amendment had not been made unanimously. [A.] , [B.] , [C.] , [D.] and Notary [Y.] appealed against this decision to the High Court of the Canton of Lucerne, which also dismissed the appeal. The appellants then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the decision of the High Court. It stated that under the legal situation applicable until December 31, 2011 (a Art. 647 para. 1 CC), the amendment of condominium regulations required the unanimous consent of all co-owners. The amendment possibility by a 3/5 majority agreed upon in the 1989 regulations was therefore in violation of mandatory law and ineffective.
With the…