Horizontal property. Procedural legitimization of the president

Commentary on the Tribunal Supremo of 27 march 2012

Abstract

In communities in regime of horizontal property, there is needed previous agreement of the owners' community that legitimizes the president to urge judicial actions in name and defense of this one, which does not prevent in order that one does not turn out to be necessary in the cases in that the bylaws of the community expressly foresee the opposite or in the supuestos in which the president exercises judicial actions not as such but individually as co-owner.