Facts

The condominium association [X.] consisted of 35 condominium owners. There was disagreement among the condominium owners about the need for upcoming renovation measures. At the condominium owners' meeting on September 30, 2011, the previous administrator resigned, and a newly elected administrator later withdrew her offer, leaving the association without an administrator. Subsequently, some condominium owners (the appellants) applied to the district court for the judicial appointment of an administrator. The district court appointed [Q.] as administrator, but rejected the further request. The appellants appealed against this decision to the Cantonal Court of Valais, which dismissed the appeal. Against this judgment of the Cantonal Court, the appellants filed a civil law appeal and a subsidiary constitutional appeal with the Federal Supreme Court, requesting that the judgment be set aside and an independent and neutral administrator be appointed.

Considerations

The Federal Supreme Court did not enter into the civil law appeal, as the required minimum amount in dispute of CHF 30,000 was not reached. Regarding the subsidiary constitutional appeal, the Federal Supreme Court stated that the rules on bias applicable to judges and their assistants do not apply to the appointment of an administrator. The administrator is the executive and representative body of the condominium association, which is…