Horizontal property. Regime of the agreements of the owners' community

Commentary on the Tribunal Supremo of 13 september 2010

Abstract

There has to be understood that the agreement of the owners' community for which the owners' community appellant was establishing the barter of a part of the community portal of the same dimensions that the surface portion of which the owner of the business premises was deprived to favor the installation of the elevator, has to consider to be a logical and direct consequence of the establishment of such a common service. Therefore, another majority cannot from him demand to such an agreement that the established one in the Law for the installation of the elevator, or, the simple majority on having had justified itself the presence of physically handicapped neighbors in the estate, on having been a direct consequence of the agreement and for constituting the barter a juridical business of indemnity of the hurt caused by the well versed servitude.