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Condominium ownership is widespread and very popular in Switzerland. It denotes a form of accommodation whereby a plot of land and the building on it are co-owned. As the buyer of a residential condominium unit, you are buying an exclusive right to your own flat and a co-ownership share of the infrastructure. This includes part of the plot, staircase, roof, heating and the façade, among other things. In addition, the purchase might include a right of special use of part of the garden or roof terrace. A range of rights and obligations are associated with acquiring the condominium unit.
The co-ownership share describes the portion of the infrastructure which is permanently attached to a building. For example, this includes the plot of land, entrance area, staircase, roof, façade, plumbing and heating. The infrastructure always remains in common ownership and may only be used and maintained jointly. Costs are divided up based on the value of each share, which describes the respective portion of co-ownership and is entered in the land register.
The exclusive right grants owners the sole right to use and and design their part of the property. Typically this means their own flat within the block. The exclusive right is only ever granted to the extent that it does not infringe on the exclusive rights of others. It is recorded in the land register.
The right of special use refers to the sole right to use the common infrastructure but does not include the right to alter it. Typically this includes part of the garden or roof terrace, which may be used solely but cannot be altered without the consent of the co-owners. The right of special use is laid down in the regulations of the community of condominium owners.
Condominium owners share areas and parts of the building such as the roof, façade, staircase, lift, heating and utility rooms. This comes hand-in-hand with rights and obligations that apply to the entire community of condominium owners. Accordingly, everyone contributes towards maintenance and expenses.
A party’s given share of condominium ownership is defined using the value of the share. This describes what portion of the common infrastructure is owned by which party. This depends, among other things, on the floor space of the flat and the adjoining rooms such as the cellar or laundry room, as well as any rights of special use for the garden or parking space. The value of a share is entered in the land register and also governs the eligibility to vote in the condominium owners’ meeting, apportioning of the costs of maintenance and operation, as well as any maintenance obligations.
The purpose of the renovation fund is to finance future renovations and repairs carried out jointly in the condominium. All co-owners make regular payments into the fund based on the value of their share. Roof renovations, maintenance of the façade and replacement of heating systems are examples of how the funds are used.
Decisions are made at the condominium owners’ meeting. The weighting of the votes is based on the value of the share of each party entered in the land register. Depending on the matter, qualified or unanimous majorities apply – for example, regarding structural changes, amendments to the regulations or approving budgets.
Disagreements may arise among the condominium owners. These could be about noise, use of common areas, structural changes or other things. For example, a party on the ground floor may want to add a swing for children to the garden, while the party on the first floor might not want to have a playground in front of their balcony. Disputes of this kind should ideally be resolved through dialogue or management. If this is of no assistance, the conciliation authority of the relevant district can be called upon before legal action is taken in court if need be. Clear regulations and good communication help to avoid conflict.