Unauthorized works

The Supreme Court (SC) has resolved a typical conflict of a community of property owners when some works were carried out without permission on uncovered terraces of a building in Ibiza. The community argued that those terraces were common elements , while the owners and tenants of premises 3 and 4 argued that they were for private use . In that context, work was done (such as refurbishing slabs and installing parasol-type structures) without authorization from the community.

First, at an extraordinary meeting , the community already discussed the matter, requested that everything be returned to its original state , and warned that, if it was not resolved, it could end up in legal actions. Later, at a second extraordinary meeting, an item was added to the agenda regarding "enclosure and work enclosure and construction on "common elements" in relation to those premises, and it was approved (by majority and with the vote against the affected owner) to file a lawsuit to compel the restoration of the terrace as it was and to remove enclosures and occupations.

The Provincial Court of the Balearic Islands annulled not only the agreement, but the entire board , because it understood that the agenda did not expressly state that a judicial claim was going to be authorized nor the authorization for the president to file it.

The Supreme Court, however, corrects that criterion and considers that the agenda was clear enough to "cover" the decision to sue for those unauthorized works, without requiring extreme formalities. In addition, it reminds that the president legally represents the community and that, in this case, the agreement implicitly included the authorization to act in court. For all these reasons, it annuls the judgment of the Provincial Court and returns the proceedings so that it decides the rest of the issues of the lawsuit (no longer being able to overturn the board for that reason).