CONSULTATION
Dear Sirs,
I own a property in a small community of owners that has a problem with the community’s common garage door and entrance. Neither the president nor the rest of the neighbours want to take the decision to start legal actions or file a claim against the person causing the damages for reasons irrelevant to my question.
If the community does not take the decision, can I file a claim on my own even if it was not approved by the majority of the community members at the GM meeting? How and what can I do?
Dear reader,
Thank you for your consultation.
As you may know, as a rule in a community of owners it is the board that normally makes this decision and when needed agrees to start legal actions to defend the interests and common elements of the community. This is generally done by authorizing, when appropriate, the president and / or the administrator of the community to start legal actions and to grant Powers of Attorney to lawyers and procurators.
In any case, as previously stated, the norm is that the president acts on behalf of the community and under an agreement approved by the Board, but it is also possible and recognized in case law for a neighbour to act on behalf of the community at a trial even though it has not been authorized by the Board as long as he acts for the community’s common interest and given that the community did not want to take legal action for either of the following reason: neighbours and president’s inaction or even opposition.
In this sense, your case needs to be studied to determine if this action is of the community’s common interests or not, and if it meets the requirements set by case law.
In any case, it is important to note that although you could claim, you must do it on behalf of the community and not only in your own name. In this sense the Court of the Province of Zaragoza, among others, on its Court Order of 22-01-2008 points out that even though it is possible for a neighbour to attend a trial to defend the community’s interests, the claim must state that the appropriate legal action is taken on behalf of the community of owners and is NOT able to claim on his own name only.
If you or someone you know is in this situation please do not hesitate to contact us, we will be pleased provide the relevant advice.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Tel: +34 966 426 185
E-mail: info@white-baos.com
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