Casuística práctica de actualidad sobre la reclamación de gastos comunes en las comunidades de propietarios

Abstract

Contributing to shared expenses in the horizontal property regime is the obligation of all co-owners and must be carried out in accordance with the law. In view of its importance, claiming such expenses remains a controversial and common issue in the practice of residents’ associations. It affects both the rights and obligations of property owners, as well as the activity of the association and its governing bodies, especially owners’ meetings. The issues raised affect, inter alia, the determination of the types of expenses, who is obliged to pay the fees, the consequences of non-payment and exoneration. The article analyses the responses of court judgments at all legal stages to these issues of a wide-ranging practical nature, be they regarding the statutes and decisions reached by the meetings with their respective majorities and the deed of constitution or the procedural aspects of the order proceedings to claim the approved fees for the payment of shared expenses.