Question juridique clé
Whether the 14 April 1999 condominium assembly resolutions had to be annulled
Solution extraite
No. The owner had no unilateral right to alter common parts or to re-purpose ancillary rooms contrary to the deed and regulations.
Motifs extraits
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.