Kernrechtsfrage
Whether the 14 April 1999 condominium assembly resolutions had to be annulled
Extrahierter Entscheid
No. The owner had no unilateral right to alter common parts or to re-purpose ancillary rooms contrary to the deed and regulations.
Extrahierte Begründung
Walls between the flat and ancillary rooms were common property; Art. 712a(2) ZGB gives freedom only within separately owned rooms and does not authorize self-help alterations of common parts. The use of attic and laundry as living space contradicted the established allocation of the unit and its ancillary rooms.