INTERÉS PARTICULAR Y PODER COMUNITARIO EN LA PROPIEDAD HORIZONTAL: EL CRITERIO DE LA MÁXIMA UTILIDAD DEL INMUEBLE.

Abstract

Horizontal property is a legal construct built upon a foundation of point ownership from which the law «breaks off» properties that are as independent as possible, but still only relatively independent. The attribution of the ownership of a fíat or set ofpremises to its purchaser, therefore, cannot be fully explained without bearing in mind the purchaser's capacity as a point owner and the set ofprerogatives belonging to the purchaser within the collective management of the whole. Now then, horizontal property's point of reference and raison d'étre are the satisfaction qf individual interest and usefulness through ownership; from this standpoint, attention to the common element may be regarded as accessory, instrumental. Rules, the implementation of by-laws and the decision-making system must take as their guiding light the criterion of maximum asset usefulness in accordance with the purpose for which the building is intended. Each person's right and his or her interest in the fate of common portions is nuanced by a certain instrumentality with respect to his or her own individual assets. This article reflects upon these foundations and the position of the property owner as a point owner and it attempts, on the oasis of a comparison with ordinary point property ownership, to gain a glimpse of the channels and criteria for optimising the realm of an owner's liberties in the use of his or her fiat as part of the building, within the community organisation.