A propósito de lo que el Tribunal Supremo ha dicho y lo que no en materia de Propiedad Horizontal en 2022 y 2023

Abstract

While awaiting a pronouncement from the High Court to clear the doubts sown by the minor case law in the interpretation of the restrictions on the use of a dwelling located in a building under condominium property regime as a dwelling for tourist use, we analyze in this paper the case law handed down by the Supreme Court on condominium property in 2022 and 2023 in relation to: the carrying out of works in common elements —particularly when they are required for the security of the building—, restrictions to the use of certain common elements, controversies derived from the disaffection of certain common elements, the legitimacy and budgets for the challenge of the agreements adopted by the Board of owners.