Post by account_disabled on Feb 19, 2024 23:27:40 GMT -5
The Provincial Court of La Rioja has annulled the agreement of a community of neighbors that established that the conflict between two owners due to a problem with adjacent fences should be resolved between them. Now the Court indicates that the community is obliged to provide a solution to the conflict , since it affects common elements. Specifically, it involves the installation of enclosing fences carried out on the wall shared by the adjoining owners.
The Provincial Court of La Rioja confirms the ruling Chinese Student Phone Number List handed down by the Court of First Instance that declared void the community agreement that ignored the problem, considering that it was a collision between the rights of both and that it should be resolved between them. Now the Court establishes that it is the obligation of the community of owners to resolve the conflict, especially when it was aware of it since the two neighbors involved had presented a conciliation act and had been requested via burofax to act on the matter.
The lack of understanding of the community of owners has meant violating the statutes because the conflict affects common elements, such as the fences between adjacent properties , which is why the agreement should be considered null. The fact that the community has delegated and allowed the different owners to modify the various enclosure fences does not alter their common character, so the community is passively legitimated to support the action.
The Provincial Court of La Rioja argues that if it had ruled on the issue raised, the decision would have been discriminatory against other owners. But, if it considered that this was the case, it should have adopted the agreement in that sense and if it was challenged, the courts could decide if it was indeed discriminatory. What the community could not do was ignore a conflict that affected common elements.
Additionally, VUT licenses have grown 70% year-on-year during 2023, while two out of three Airbnb vacation rentals were previously for long-term rentals. All of this has generated a lack of stock in rental and purchase homes in the country that continues to push prices up.
The Provincial Court of La Rioja confirms the ruling Chinese Student Phone Number List handed down by the Court of First Instance that declared void the community agreement that ignored the problem, considering that it was a collision between the rights of both and that it should be resolved between them. Now the Court establishes that it is the obligation of the community of owners to resolve the conflict, especially when it was aware of it since the two neighbors involved had presented a conciliation act and had been requested via burofax to act on the matter.
The lack of understanding of the community of owners has meant violating the statutes because the conflict affects common elements, such as the fences between adjacent properties , which is why the agreement should be considered null. The fact that the community has delegated and allowed the different owners to modify the various enclosure fences does not alter their common character, so the community is passively legitimated to support the action.
The Provincial Court of La Rioja argues that if it had ruled on the issue raised, the decision would have been discriminatory against other owners. But, if it considered that this was the case, it should have adopted the agreement in that sense and if it was challenged, the courts could decide if it was indeed discriminatory. What the community could not do was ignore a conflict that affected common elements.
Additionally, VUT licenses have grown 70% year-on-year during 2023, while two out of three Airbnb vacation rentals were previously for long-term rentals. All of this has generated a lack of stock in rental and purchase homes in the country that continues to push prices up.