The rental of a condominium on the platform Airbnb is allowed only if the regulations excludes such use. This was decided by the Federal court in the case of an apartment in the Canton Nidwalden.
Concretely, the daughter of the owner rented one of the two apartments regularly to holiday guests. This use also has common areas such as swimming pool, Sauna, roof terrace or the fitness room.
Because the rest of the 24 owners felt by the unknown persons disturbed, was made at an extraordinary meeting of the condominium owners in June 2015, a Change in the use and management regulations by a two – third majority. It was noted that the irregular days-, weeks – or month rentals permitted.
The Complainant fought back in court against this decision. He was of the opinion that it was a change in Purpose for which it is needed to be a unit decision.
lower court confirmed
The Federal court otherwise, how on Thursday at a public consultation showed. It has thus confirmed the decision of the upper court of the Canton of Nidwalden.
In the original regulations of the property, it was already prior to the addition of the apartments for business purposes should only be used when, this without disturbing the rest of the owners or occupants of success.
The usage on a different way or in a different industry was prohibited. Was excluded the use of the apartments as doctor’s offices, laboratory, guest house, craft Studio, for music lessons and activities, which will bring a rain of customers and client traffic.
the President of The second civil division stressed that to decide whether floor ownership should generally be on the platform of Airbnb rented out or not. Rather, in this case to determine a question of the purpose to which the property dwellings in accordance with the regulations.
With a four to one vote the judges to the conclusion that the existing regulations loss of rental on Airbnb. The addition of the owner Assembly is, in their view, a clarification, which is why it only took a two-third majority is required for the validity of the decision. A regular rental near a hotel-like operation, which could not longer be considered as a silent commercial. (Judgment 5A_436/2018 from 04.04.2019)
(oli/sda)
Created: 04.04.2019, 14:07 PM
