Facts
The plaintiff [J.A.] and the defendant [E.B.] are owners of properties at [X.] Street 16, 18 and 20 in [C.] . The three buildings have common facilities and building technology, the costs of which are divided according to a specific key. The caretaking was jointly organized from the beginning. From 1992 onwards, no more invoices were issued to the defendant for his share of the caretaker costs, although the caretaking was continued. In 2002, the property management company [Z. AG] retroactively calculated the caretaker costs for the years 1992 to 2000 and demanded a share of CHF 44'273.60 from the defendant. The plaintiff sued for this amount, whereupon the High Court of the Canton of Aargau dismissed the claim, as the claims for the years 1992 to 1997 were time-barred.Considerations
The Federal Court confirms the decision of the High Court. It assumes that the owners of the three properties have formed a simple partnership within the meaning of Art. 530 et seq. CO, with the purpose of jointly organizing the caretaking. The claims asserted by the plaintiff are therefore reimbursement of expenses pursuant to Art. 537 para. 1 CO. The Federal Court considers it binding that the parties have agreed on an annual due…