APORTACIONES CRÍTICAS AL RÉGIMEN DE IMPUGNACIÓN DE ACUERDOS COMUNITARIOS.

Abstract

After Act 8/1999 of 6 April revising Act 49/1960 of 21 July on horizontal property, many important innovations were instituted in the legal scheme for this special form of property ownership, innovations that at the time inspired a more than abundant, fruitful legal literature. It has been several years now since the law went into force, and the time seems to have come to take stock of a matter that is of vital importance for the peaceful development of human relations in tenants' associations. This matter is none other than the scheme this special law provides for the exercise of action to challenge resolutions made by a tenants' association. Act 8/1999 opted to devote a separate article to the regulation of suits challenging the resolutions of a tenants' association, expanding the range of the resolutions that can be challenged, setting more requirements for the tenant to meet in order to have legal standing as plaintiff and stretching out the times when different sorts of suits can be filed, depending on the type of resolution they concern. The importance of the law in question resides in the fact that it specifies, in article form, the mechanisms of defence that the law recognises both to the individual tenant and to those minorities of tenants who consider that resolutions have been made that are contrary to law or to their charter or that entail some serious harm, be it to their private interest or the interests of the tenants' association itself, even where such resolutions have been validly made by the assembly. In the analysis of this matter, a critique will be made of the contents of the law, addressing the issues in the procedure laid out by the Civil Procedure Act for the challenging of tenants' association resolutions, the objective and subjective requirements that must be met in order for resolutions to be challenged, the expiration of the period for action and the repercussion these matters can all have on the enforceability of such resolutions.