They analyze whether the consortium can build on the common areas of the building

A recent ruling resolved the impossibility of developing shared spaces in the consortium. On what was justice based on this decision?

11/28/2025 – 4:33 pm

When purchasing a property under a horizontal ownership system, the new owner agrees to be subject to the entire portfolio of properties Internal regulations and standards That governs life in the building. However, Conflict of interest Between consortium partners and the consortium itself often leads to complex situations.

This is what happened in Consorcio Torre Jardín Eduardo Costa File 1876 P 10 Dept. D Martinez v. CAMP s/suit of dispossession.

The consortium sued the homeowner, claiming that she had built a roof over the house Your functional unit’s patio balconyWhich affects the common parts of the building and changes its structure and aesthetics. According to the lawsuit, the supports of this irregular structure were supported by or embedded in the main walls, part of the common property. the Unilateral modification of the interface Not only does this change the appearance of the building, but it may also affect its stability.

For its part, the consortium denied these accusations, and said that it had to replace the roof because several units made extensions or changes – without treatment in the association or approval of the council – which caused leaks and ended up flooding their balconies.

Controls of joint ownership: the judge’s final ruling

Regardless of the positions of each party, the file showed this The business did not respect shared ownership regulations In particular, it did not obtain the approval of the other partners.

The judge concluded that the owner should have requested the corresponding permit before construction, which she did not do.In any case, the facade of the building cannot be modified without community approval. Accordingly, it ruled that the defendant must Demolish what was built.

The ruling makes a crucial point: the fact that other federations fail to adhere to the rules does not give them the right to act in the same way. Respect co-ownership regulations It is necessary to avoid conflicts that only lead to completely unnecessary costs, tensions and erosion for all parties involved.