Horizontal Property

A property owner had two commercial premises within a building under horizontal property regime. Without requesting authorization from the property owners' community, she demolished approximately two-thirds of the wall of the rear facade (a common element) in order to connect those premises with a warehouse belonging to another community of property owners. In other words, it was not just an interior renovation of the premises; by demolishing it, she achieved a de facto connection between properties that are in different communities , altering the original configuration of the building.

The community sued the property owner to declare the demolition illegal and to compel her to rebuild the wall and stop using that affected area exclusively. In the first instance, the lawsuit was dismissed applying an idea that appears in some cases, a certain “flexibility” when changes to facades are made to commercial premises and do not affect safety , the overall structure, or harm third parties.

However, the Provincial Court corrected that decision because since the work was done without the community's consent, it sentenced the owner to restore the wall at her own expense (clarifying later that the specific deadline would be set during the execution of the judgment). at their own expense (clarifying that the specific deadline would be set in the execution of the judgment).

The owner appealed to the Supreme Court (SC) arguing that unanimity was not required to create an opening in a rear facade without visibility and without affecting the structure. But the SC did not agree with her, as this was not a minor change or adaptation of the premises (such as doors, windows, or signs), but a significant demolition of the enclosure to connect premises with a property from another community, without permission no backup in statutes or in the constitutive deed. Therefore, confirm that community authorization was necessary and maintains the condemnation to restore the wall.

If you are affected by a situation similar to this, our office is at your disposal for any questions that may arise in this regard