Facts
The defendants [B.P.] and [U.P.] were co-owners of the property no. 3 in [A.] , each with a 50% share. They established condominium ownership with a public deed dated September 28, 1992, and allocated seven condominium units as special rights. The condominium apartments were sold between July 1993 and April 1995. The plaintiffs 2 to 14 acquired condominium units no. 1, 3, 4, 5, and 7. On March 5, 1999, and December 9, 1999, the plaintiffs complained about defects in the roof of the property. The defendants waived the statute of limitations defense. The condominium owners' association [V.] initiated debt collection proceedings and requested a mediation hearing. The plaintiffs 2 to 14 joined the proceedings and requested that the defendants be ordered to pay CHF 200,000 or to carry out a complete renovation of the roof.
The District Court of Bülach dismissed the claim against the condominium owners' association [V.] and [M.S.] , but rejected the defendants' statute of limitations defense with regard to the plaintiffs 2 to 5 and 7 to 14. The High Court of the Canton of Zurich confirmed this decision. The defendants appealed and requested that the claim be dismissed.
Considerations
The Federal Court examined whether the actions of the condominium owners' association [V.] also had an interruptive effect on the statute of limitations for the plaintiffs 2 to 5 and 7 to 14. It found that the condominium owners' association [V.] does not have its own legal personality and that the rights and obligations lie with the individual condominium owners.
The Federal Court ruled that the statute of limitations was interrupted by the actions of the condominium owners' association [V.] , as the defendants could recognize, according to the principle of good faith, whose claims were being asserted. The defendants had waived the statute of limitations defense and were aware that the defect rights belonged to the individual owners and not to the community.
The Federal Court dismissed the appeal and…