We own an apartment in an apartment building. We have a good relationship in the house, but the question always arises: What belongs to us alone and what belongs to all the owners? Where do we have to participate, where can we have a say? What does the condominium community have to finance and what do the individual owners have to finance?
Anyone who buys a condominium in Switzerland does not buy the entire property, but only a specific unit within an apartment building or a residential complex. This unit can later be sold, inherited or otherwise transferred. This share of ownership is recorded in the land register and plays a central role in the distribution of costs. As an apartment owner, you not only have to contribute to the maintenance costs of the common elements in proportion to your share, but also to the operating costs.
Special right to property
The individual residential unit such as the apartment, the office or a commercial unit within the building is the special property. You have the exclusive right to do this. You can do whatever you want in it. You can make changes, freely choose the interior design or change the room layout, as long as the common parts of the shared floor are not affected and do not violate the law.
The special right is limited to the apartment and any additional rooms you own, such as cellar compartments, craft rooms or an attic. It is important to note that it does not apply to an outdoor seating area, the garden or the roof terrace. These external elements are jointly owned. That is why the individual apartment owner is not authorized to make structural changes to it without the consent of the community, for example by attaching a satellite TV antenna to the balcony railing.
Rights and obligations in the community of owners
As a buyer of a condominium, you must be aware that you are part of a homeowners’ association. In addition to your separate property, you also own shares in the common property of the building. These are common areas, the foundation or, for example, the roof, even if your apartment is not directly under the roof. This ownership is normally expressed in shares and determines the share of votes in the condominium association as well as the participation in common costs. Through this co-ownership, you are bound to the existing regulations and to all resolutions of the owners’ association. For example, you have to take part in a facade renovation, even if you don’t want to, or you are not allowed to keep pets if it was decided by the owners’ meeting.
The condominium ownership law provides information
It is important to note that the exact rights and obligations in condominium ownership in Switzerland are determined by the Condominium Act (ZGB) and the regulations in the community regulations. These documents can vary from building to building, so it’s crucial to check the specific regulations for your condominium association.
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2023-11-10 14:39:37
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