Removal of barriers

The Supreme Court (TS) has resolved a typical case of a community of owners where a meeting approves a special assessment to carry out works on the portals and remove architectural barriers , with the idea of ensuring universal accessibility (for example, facilitating access for people with reduced mobility). Several owners (holders of premises and a basement) challenge the agreement because they understand that, according to their statutes and the title of the building, they are exempt from paying certain expenses of the portal (such as lighting, maintenance, repairs, or cleaning) and, therefore, should not have to pay this special assessment

In first instance they were granted the right and the agreement was declared null, leaving them out of the payment. However, the Provincial Court overturned that decision and dismissed the claim, and the matter reached the TS

The TS addresses several issues. On one hand, it clarifies that the president of the community can act in court defending community interests without the need for a specific prior agreement to litigate or appeal

It also addresses whether the plaintiffs could challenge, even though they were not up to date with payments , remember that, as a general rule, one must be current, but it allows for challenges when the agreement affects the establishment or alteration of fees , and frames the extraordinary assessment within that exception. Furthermore, it points out that to "save the vote" a formal "no" is not necessary, it may suffice to not vote or abstain making the opposition clear

And, regarding the main issue, the TS concludes that a statutory clause that exempts from ordinary expenses of the portal must be interpreted restrictively , that exemption does not extend to necessary works to eliminate barriers and ensure universal accessibility. Therefore, it confirms that those owners must contribute to the extraordinary assessment.

In situations of controversy related to the execution of works that affect or may affect common elements, our professionals can advise you in defending your interests