210
ZGBCC
CH
CH
Art. 712n Codice civile svizzero (CC)
CC; Parte prima: Della proprietà; Titolo diciannovesimo: Della proprietà fondiaria; Capo terzo: Della proprietà per piani; D. Ordinamento; I. Assemblea dei comproprietari; 2. Convocazione e presidenza
Art. 712n CC
L’assemblea dei comproprietari è convocata e presieduta dall’amministratore, salvo che essa non disponga altrimenti.
Delle deliberazioni è steso verbale, custodito dall’amministratore o dal comproprietario che presiede all’assemblea.
Decisioni giudiziarie che applicano questa disposizione (10)
UE240291 · zh (Art. 712n Abs. 2 ZGB)
Prosecutor's refusal to investigate alleged document forgery upheld.
Cited in the reasoning concerning the formal requirements for minutes of homeowners' association meetings, which is relevant to the assessment of the alleged crime.
LB240061 · zh (Art. 712n Abs. 2 ZGB)
Condominium Meeting Decisions Upheld Amidst COVID-19 Voting Dispute
Cited in relation to the content required in the minutes of condominium owner meetings.
C/12127/2016 · ge (art. 712n CC)
Co-Owner Appeal of Assembly Resolutions Time-Barred
Cited to discuss the rules on the agenda and the consequences of procedural defects (annulability, not nullity), but the appeal was rejected primarily on procedural timeliness.
ZK1 2017 49 · sz (Art. 712n Abs. 2 ZGB)
Unit Owners' Association Approval for Renovation Dispute
Cited as the applicable rule regarding the binding nature of the minutes of the owners' meeting despite potential formal defects.
CACIV.2015.2 · ne (Art. 712n al. 2 CC)
Co-owner Removal of Administrator for Harassment and Breach of Trust
This article concerning the record-keeping requirement for community decisions was mentioned during the discussion on the administrator's authorization to appeal (point 2).
HC.2014.484 · vd (Art. 712n al. 2 CC)
Cooperative Administrator v. Insurer: Procedural Amendment for Flood Damage Claim
Mentioned regarding the requirement for minutes of co-ownership decisions.
LF110123 · zh (Art. 712n Abs. 1 ZGB)
Property Manager Compelled to Call Homeowners' Meeting to Remove Management
Cited as the basis for the manager's primary responsibility to convene the meeting, relevant to the substance of the orders regarding meeting deadlines.
LF110123 · zh (Art. 712n Abs. 1 ZGB)
Owners' Meeting Compulsion and Cost Allocation Dispute
Cited to establish the primary responsibility of the administrator to convene the meeting, underpinning the court's order for the administrator to convene the meeting.
LF110123 · zh (Art. 712n Abs. 1 ZGB)
Zurich High Court: Mandatory Condominium Meeting for Management Removal Confirmed Despite Manager Objections
Cited in the reasoning to confirm the manager's primary responsibility for summoning the meeting.
401----------- · vd (Art. 712n al. 2 CC)
Co-owner Revocation of Non-Regulatory Use Right Upheld
This provision was cited in relation to the requirement for a written protocol for decisions made orally at the owners' meeting, referenced in the preamble but not explicitly in the final orders as the ground for the ruling.