Living in a community means having to share spaces and facilities with other owners whose tastes and desires are, sometimes, very different from ours and, despite everything, we are obliged to make decisions together. We are talking about agreements aimed at maintenance, repair and even the carrying out of works or new installations with which we may not agree to do them, nor how to carry them out and, above all, to have to pay for them even if we show our reluctance.
What can I do if I am not satisfied with what was approved?
There are occasions in which, beyond the fact that I do not like the agreement adopted (for example, it is approved to paint the landings of all the floors red), it is contrary to the law or the statutes of the community of owners, it is seriously harmful to the interests of the community itself for the benefit of one or more owners, it represents serious damage to some owner who has no legal obligation to bear it or has been adopted with abuse of rights.
In these cases the art. 18 of the Horizontal Property Law (LPH) establishes the possibility of challenging the agreement in question before the courts. Let us note that the wording of the law speaks of “judicial challenge”, so the mere writing addressed to the president or the secretary-administrator is not a valid mechanism to challenge an agreement adopted by the board, even if it states/certifies that There are causes that give rise to an agreement being declared null and void by a court or tribunal.
Source: Idealista
