April 27th, 2022
The Provincial Court of Malaga, section 4, publishes a sentence condemning the President of a Community of neighbors to pay the same an amount of 47,732, 38 euros for exceeding the limits of the president´s duties.
The sentence, from January of this year, has been published recently and that was the amount corresponding to a previous sentence for costs of a judicial action NOT approved by the Community (not even put to a vote). The Chamber considers a possible conflict of interest between the Lawyer and the President of the community as they are sisters.
The plaintiff directed his claim against the President of the Community of Owners for liability for exceeding her duties. Specifically, She decided to order to file an appeal against a ruling that was favorable to the community itself, and with which, according to the Chamber, ”the interests of the Community of Owners were satisfied”.
The Chamber questions the excess of the president, in the sense of being able to appeal without the consent of the community, “since the familiarity and excess of trust between sisters has nothing to do with the obligations contracted with the Community“.
It considers that “the circumstances concurrent with the partial upholding of the sentence resolved the problems of the community, with other interests outside the appeal, which is why the Chamber considers that once the President became aware of the sentence (which resolved the problem of the community) should have informed the Community of it, and requested authorization to file an appeal“.
Given that the appeal was dismissed, with the community sentenced to pay the costs, the High Court condemns the president to pay the procedural costs of an appeal for which she was never authorized.
And it is that, as can be seen in our article on the obligations and responsibilities of community presidents (click here to read it), the person elected as president lacks autonomy in decision-making, and must limit himself to what is decided in the Board of Owners and its instructions, running a great risk, as can be seen, if it exceeds its mandate.