White and Baos lawyers have helped many owners with their association of owners’ claims and vice versa. At this article, we would like to echo a judgement of the Spanish Supreme Court (SC) number 411/2022 published by the Spanish General Judiciary Council.
This is an interesting judgement concerning the rights of the owners of a parking space and whether they can use the community’s common areas.
Which agreements can be contested?
Article 18 of the law 49/1960 of July 21 on horizontal property law states that the agreements can be contested, when they:
1) Are contrary to the law or to the statutes of the association of owners.
2) Seriously harmful for the association’s interests itself in benefit of one or more owners.
3) Involve a serious prejudice to any owner who has no legal obligation to stand it or that they have been agreed in a manner constituting abuse of right.
Could the owners of the parking space use the pool?
According to the Spanish Supreme Court (SC) judgement, the key lies in the interpretation of Article 394 of the Spanish Civil Code. An article which basically says that each owner can use the common areas according to their destination or purpose. In this specific case, the community swimming pools’ purpose is serving the property owners and not the parking ones. Considering that the parking areas’ purpose is to park a vehicle and not to enjoy the community recreation areas.
Therefore, the SC had already declared that the use of common areas of the community by the owners of the parking space has no sense. Mainly, because it has nothing to do with the parking space. Thus, the association of neighbours can ban the use of the pool by them. Moreover, if the statutes didn’t foresee the possibility of such use, this ban is just a reproduction of what the statutes claim.
So, the community’s statutes must be checked in each specific case.
Economic impact of banning the use of the pool to the owners of the parking. Potential claims for the paid fees
The consequences of the pool or any other common area ban to the owners of the parking space (either by agreement or because it’s stipulated in the statutes) could be economically significant. If they aren’t allowed to use certain common elements, they don’t need to pay for them.
Therefore, if you are an owner of a parking space, and you aren’t allowed to use certain common elements. You must check your community fees and see how it has been calculated. You should be exempt from the payment of any fees concerning those elements that you aren’t allowed to use.
Conclusion regarding claims against the association of owners.
If you’re the representative of an association or community of owners or you are a neighbour who has a problem with the association of owners, and you want to make a claim, contact us. We will give you expert legal 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)
White & Baos.
Tel: +34 966 426 185
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