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In the previous blog post we discussed what condominium ownership is and why it is classified as a special form of co-ownership. It is precisely this classification of co-ownership that often makes changes and renovations to a condominium the subject of legal disputes among the respective owners. In case of problems and disputes between condominium owners of your building, our attorneys in Frauenfeld, Zurich and St. Gallen will be happy to help you.
Many condominium owners are of the opinion that they are the sole owner of their apartment and therefore have complete control over their apartment. Especially when renovations are to be made, some condominium owners are surprised that the other condominium owners have a say at all. Art. 712a para. 1 CC states: "Condominium is a form of co-ownership of immovable property that gives the co-owner the exclusive right to make sole use of specific parts of a building thereon and design the interior of such parts.". Paragraph 2 specifies this even more precisely and states that the condominium owner is free in the structural design of their own part of the building. If you want to paint your own apartment blue or remove a non-load-bearing wall, you may do so without the consent of other co-owners. If, however, it is a load-bearing wall, it is classified as common property and may not be removed arbitrarily. Do you have a problem with other condominium owners? A lawyer in St. Gallen, Zurich or Frauenfeld will be happy to assist you.
The communal parts fall under the principle of common competence according to Art. 712b CC. To renovate the staircase, which is a useful structural measure, the majority of the condominium owners, who also represent the majority of the value quotas, must agree (Art. 647d CC). If, on the other hand, one wishes to divide one's own six room apartment into two apartments, this changes the value quota of the house. Art. 712e para. 2 CC states that changes in the value quota require the consent of all directly involved parties and the approval of the assembly of the condominium owners. Are you planning a structural measure on your condominium? Our attorneys in Switzerland are at your disposal.
If you have condominium ownership of a first-floor apartment, for example, you do not have a special right to the garden seating area. This does not meet the requirement of ‘seclusion’, necessary to claim a special right. The condominium owner of the lowest apartment can still be granted a special right of use. If this condominium owner wants to take structural measures on the garden seating area, a distinction is made between necessary, useful and luxurious structural measures. In the case of mere maintenance, this can be done without the involvement of the other condominium owners. Useful measures require a qualified majority for approval, whereas luxurious measures require the consent of every co-owner.