Condominium Ownership (Stockwerkeigentum)
Simple majority, qualified majority or unanimity: which rules apply to decisions of the co-owners' assembly in Swiss condominium ownership, and how is voting calculated between those present and those absent?
Condominium ownership (Stockwerkeigentum, or PPP in Italian-speaking Switzerland) is one of the most widespread forms of property ownership in the country. Anyone who purchases a flat under this regime becomes a co-owner of the entire property, with an exclusive right to their own floor or unit. Decisions affecting the building are taken collectively by the assembly of co-owners, and the type of majority required varies according to the nature of the decision. A sound understanding of these rules is indispensable for anyone living in or investing in a condominium.
What is condominium ownership
Condominium ownership is governed by Art. 712a–712t of the Swiss Civil Code (CC). Each co-owner holds a share of co-ownership in the entire plot of land, combined with the exclusive right to use and internally fit out certain parts of the building (their own flat, cellar, parking space). The common parts, such as the roof, facade, stairwell and technical installations, remain in collective ownership.
The community of condominium co-owners has limited legal personality: it may bring court proceedings, incur debts for common expenses and manage the property through its organs, in particular the co-owners' assembly and the administrator.
The co-owners' assembly and its decisions
The co-owners' assembly is the decision-making body of the condominium. It meets at least once a year and decides on all matters relating to the management and maintenance of the property. The voting rules are laid down by law (Art. 712m CC) and may be supplemented by the condominium regulations.
Who has the right to vote
Every co-owner has the right to vote at the assembly. Votes are calculated according to the value quotas attributed to each unit. A larger flat therefore carries more weight than a studio apartment. Note, however, that the regulations may provide for exceptions, for instance the principle of "one head, one vote" for certain categories of decision.
Simple majority
A simple majority applies to acts of ordinary management: minor repairs, routine maintenance, approval of accounts, appointment of the administrator. It suffices that the votes in favour exceed those against among the persons present at the assembly, provided the quorum laid down in the regulations has been reached.
Qualified majority
For more significant management decisions, the law requires a qualified majority. Under Art. 712m para. 1 CC, useful building works (that is, works which increase the value or improve the profitability of the property) require the approval of a majority of all co-owners who at the same time represent a majority of the value quotas. This dual requirement, by number of owners and by quotas, protects both smaller and larger co-owners.
Unanimity
Decisions affecting the intended purpose of the property or involving luxury building works require the unanimous consent of all co-owners (Art. 712m para. 2 CC). This category includes, for example, converting a communal room into a private flat or installing purely decorative elements at high cost. Unanimity means that even a single dissenting vote is sufficient to block the decision.
Present and absent: how the majority is calculated
A point that frequently gives rise to disputes: is the majority calculated on the basis of the co-owners present at the assembly, or on the basis of all co-owners? The answer depends on the type of decision. For ordinary management, the regulations typically provide for a majority of those present (or represented). For decisions requiring a qualified majority, Art. 712m CC expressly refers to a majority of all co-owners, regardless of whether they attend the assembly.
Consequently, a co-owner who neither attends the assembly nor arranges representation may in practice prevent the qualified majority from being reached. For this reason, many condominium regulations include specific mechanisms (a second convocation, mandatory delegation) to avoid deadlock.
Challenging assembly decisions
If a co-owner considers that a decision of the assembly violates the law or the condominium regulations, they may challenge it before the court within one month of the resolution (Art. 712n CC). The time limit is short and peremptory: anyone who fails to act in time forfeits the right to contest the decision.
Legal advice on condominium ownership
Questions relating to condominium ownership combine aspects of property law, contract law and procedural law. Whether the issue concerns challenging an assembly resolution, negotiating renovation works or drafting condominium regulations, Studio Legale e Notarile Haab in Lugano assists co-owners with tailored legal advice. Avv. Hugo Haab and Avv. Roberto Haab have extensive experience in Ticino property law. Contact us for an assessment of your case.
For a personal consultation: info@haablegal.ch | +41 91 913 30 70
