Kernrechtsfrage
Whether the condominium regime permits hotel use of the defendant's apartment units without co-owners' consent.
Extrahierter Entscheid
The hotel-like operation of the apartment units changes the agreed purpose of the upper floors from residential use to a different use and therefore requires the consent of the co-owners.
Extrahierte Begründung
The deed and regulations establish a dual-purpose property: restaurant/lodging on the lower part and residential use in the upper floors. Hotel operation is not comparable to ordinary residential use and affects the character and common parts of the property, so it falls outside the owner’s free use of its special rights.