Kernrechtsfrage
Whether the respondent could change the use of his condominium units into a public establishment without unanimous consent.
Extrahierter Entscheid
The planned operation as a public establishment was not a change of destination of the building as a whole, but a change of use requiring qualified majority approval; because that majority opposed it, the change could not be implemented.
Extrahierte Begründung
The condominium deed contained no use restriction. The building's overall residential character remained intact, so Art. 648(2) CC did not apply. The project instead fell under Art. 647b(1) CC as a change in use, which had not obtained the necessary majority.