Questão jurídica principal
Whether the cantonal court acted arbitrarily by holding that only an action against the assembly decision was available, not a nuisance action under Arts. 679 and 684 CC.
Decisão extraída
The court held that a condominium owner may invoke the nuisance and negatory actions against other co-owners, including for negative immissions caused by a common tree; the contrary view was arbitrary.
Fundamentação extraída
Arts. 679 and 684 CC protect against both positive and negative immissions. A PPE owner has the same property-law remedies as any landowner against third parties and other co-owners affecting exclusive parts. An annulment action under Art. 75 CC cannot replace that protection because it only reviews legality, not expediency, of co-owners' decisions.