Horizontal property. Works unconsented

Commentary on the Tribunal Supremo of 24 october 2011

Abstract

In terms of horizontal property, abuse of law, results in the use of a standard, by the community or a landlord, in bad faith, to the detriment of one or more other co-owners, without thereby obtain a benefit covered by the standard. In short, the action should not be qualified as abusive based on a just cause and purpose is not legitimate. The appellant has exercised a right granted by the horizontal property law, the benefit not only himself, but the homeowners, who has not expressly or impliedly authorized the work undertaken by the defendant, which have led to the involvement of elements common. No evidence that the owners' authorized work performed after the now analyzed by another owner. The action made by the actor directed against a part owner in particular, does not involve either a waiver for the actor or an impossibility for the homeowners association or a commoner, to exercise the actions that the law provides in the case of considering that the owner the other attic referred to its judgment, has carried out work which require to be valid, the consent of the community. The finding of bad faith or abuse of rights can not be based on the actor does not make use of the opportunity to formalize their complaint also against another co-owner for the realization of events similar to those described in its application, as its decision to direct its action against a co-owner by the performance of acts not covered by the law, there is an abnormality in the course of action that can be exercised in accordance with the horizontal property law.