Art. 712 Codice civile svizzero (CC)

ZZ.1979.3 · so (Art. 712 l ZGB)

Condominium Administrator Lacks Standing for Assignee Warranty Claims

This article was used to define the limited legal capacity of the community of condominium owners regarding its ability to sue and enforce claims related to warranty rights.

11.2023.162 · ti (art. 712*r* cpv. 2 CC)

Condominium Owner v. Building Administrator (Failure to Exhaust Internal Remedies)

This provision specifies the requirement for a resolution by the owners' assembly, which the court found was not met, leading to the rejection of the appeal.

GE.2022.0011 · vd (Art. 712*l* al. 2 CC)

Co-owners' Appeal of EV Charging Subsidy Denial Based on Building Classification

Cited regarding the authorization provided by the co-owners' general assembly for the appeal.

GE.2022.0011 · vd (Art. 712*t* al. 2 CC)

Co-owners' Appeal of EV Charging Subsidy Denial Based on Building Classification

Cited regarding the authorization provided by the co-owners' general assembly for the appeal.

11.2019.26 · ti (art. 712*m* cpv. 2 CC)

Condominium Cost-Sharing Dispute Over Hotel Management Contracts

Cited in conjunction with Art. 75 CC as the basis for the right of each co-owner to contest assembly resolutions they did not consent to.

16.2019.40 · ti (art. 712*m* cpv. 2 CC)

Property Owners' Challenge to Assembly Resolutions Dismissed for Untimeliness and Improper Defendant

Cited in the reasoning regarding the deadline for challenging resolutions, but it is not explicitly cited in the dispositive orders.

16.2019.40 · ti (art. 712*r* cpv. 1 CC)

Property Owners' Challenge to Assembly Resolutions Dismissed for Untimeliness and Improper Defendant

Cited in the reasoning regarding competence for destitution, but it is not explicitly cited in the dispositive orders.

11.2019.107 · ti (art. 712*h* cpv. 3 CC)

Renunciation of Share in Co-ownership of Necessity

Cited in the reasoning (Considerant 14) regarding the consideration of lack of use in the apportionment of expenses in condominium property.

16.2017.15 · ti (art. 712*h* cpv. 1 CC)

Co-Ownership Expense Division Dispute and Procedural Good Faith

Cited in the reasoning to show that the parties had derogated from the statutory distribution key based on millesimal shares.

16.2017.12 · ti (art. 712*i* cpv. 1 CC)

Condominium Fee Arrears Mortgage Registration Appeal

This article establishes the right of the co-ownership to obtain a statutory lien (ipoteca legale) to guarantee its claims for contributions over the last three years, which is the core legal basis of the dispute.

BRGE.IV.Nr.0046.201 · zh (Art. 712 m ff. ZGB)

Adventure Playground Permit Upheld, Third-Party Rentals Remanded

Cited as a basis for the requirements for a valid appeal by a homeowners' association, particularly regarding the decision-making process for appeals.

11.2016.104 · ti (art. 712*g* cpv. 1 CC)

Owner v. Condominium Assembly regarding Facade Renovation Method and Voting Validity

This provision, concerning administrative acts and construction work in the context of condominium ownership, was cited in the reasoning that supported the rejection of the appeal, specifically regarding the application of co-ownership rules.

11.2016.104 · ti (art. 712*h* cpv. 3 CC)

Owner v. Condominium Assembly regarding Facade Renovation Method and Voting Validity

This provision regarding the consideration of the minimal benefit to certain co-owners in the expense allocation was explicitly rejected as inapplicable to the final order.

11.2016.104 · ti (art. 712*m* cpv. 2 CC)

Owner v. Condominium Assembly regarding Facade Renovation Method and Voting Validity

This provision, stipulating the applicability of association rules to the assembly and committee of condominium owners, was cited in the reasoning supporting the rejection of the appeal.

11.2016.38 · ti (art. 712*a* cpv. 1 CC)

Unit Owners v. Homeowners' Association: Terrace Roof Renovation Cost Allocation

Cited in conjunction with art. 712*b* cpv. 2 CC to support the conclusion that the roof cannot be the object of an exclusive right.