By Carlos Baos (Lawyer) • 29 September 2022 • 10:17
Legal advice by White-Baos Lawyers: Community of owners absolved after being sued by a neighbour
The case at hand began when the community of owners approves at a meeting the execution of rehabilitation works on the façades and terraces. One of the neighbours (with a terrace) did not agree and votes against. However, the agreement went ahead with the majorities required by law. The employees hired by the homeowner’s association started the works normally, but before they could finish them, the neighbour expelled them from the terrace; causing the works to remain uncompleted. Afterwards, this neighbour, on his own account, hired other workers to complete the rehabilitation. More than a year later, he sued the community of owners demanding payment of the bill.
The ruling of the Judge is clear, and addresses several important points:
Having proved all the above during the trial, the judge dismissed the neighbour’s claim, exonerating the community, and imposing the legal costs on the plaintiff.
At White-Baos we have been advising homeowners’ associations on these types of disputes for over two decades. Please do not hesitate to contact us. We will study your case and offer you expert advice on this subject.
You may be interested in the following services and articles:
SPANISH REAL ESTATE LAW: Communities of Owners. Owners (bare owners) and Holders of the Usufruct: Who must pay the community fees? and who is entitled to attend and vote at the community meetings?
Community of owners/home owners associations: Exclusion or use cut off of common community services to owners / Neighbours not paying their community fees.
Community Debts and the liability of the new owners
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Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.
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