Claims of housing communities – legal issues

THE HOUSING COMMUNITY may pursue CLAIMS relating to physical defects in COMMON IMMOVABLE PROPERTY which the Community may acquire from members of the community on the basis of assignment agreements – WITHIN THE LIMITS of the management of the common property. Physical defects may apply to varying degrees: (a) balconies separated for exclusive use, but not all premises have balconies (b) garage spaces, but not all owners of the premises have bought a share in the multi-station garage (c) cells separated for the exclusive use of (d) the common areas of the building. For all this, NOT ALL holders have transferred their claims to the Community.

A number of issues arise, including: (I) whether compensation – CEDED to the community by, for example, the 80% of buyers – it is necessary to calculate individually for each owner (holder) of the balcony, cell and garage station, whether it is enough to calculate this compensation ONLY AS A CUMULATIVE VALUE (total) e.g. 80% from all premises, balconies, cells and garage stations (II) or the failure to determine individual compensation of each of the assignees violates the requirement to determine by judgment the scope of the fairness of the case.

Model of cassation to sn with a list of legal issues attached.