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Professional Advice

Pregunta al Administrador de Fincas: Potestad del presidente

Good morning. I am President of a community of owners in Alicante and we will take legal action against a neighbor who without any kind of authorization has made works affecting common elements of the building. My question is, Can I proceed to issue complaint since I hold the representation of the community or it is necessary to obtain the authorization of the co-owners to do so?

Ivor F.M.

Administrador:  Juan López 

Although the Horizontal property law only requires express the agreement so that the President can exercise judicial actions in defense of the community of owners in the event of action of cessation of activities prohibited by the statutes that are harmful to the farm (article 7.2 Horizontal property law) and claim of unpaid assessed contributions in case of order for payment procedure (article 21 LPH) It is not reasonable beleive that by holding such representation attributed in generic way the President allowed to decide unilaterally on issues so important for the community, being jurisprudential doctrine “the need of a prior agreement of the Board of owners that expressly authorizes the President of the community to exercise judicial actions in defense of this, except that the President acting on quality of owner or the statutes expressly provide otherwise”. So in view of the above, it is needed…

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