Key legal question
Whether the 14 April 1999 condominium assembly resolutions had to be annulled
Extracted holding
No. The owner had no unilateral right to alter common parts or to re-purpose ancillary rooms contrary to the deed and regulations.
Extracted reasoning
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.