The president can claim for damage to the homeowners’ association in both communal areas and private elements
When claiming for construction defects in a homeowners’ association, can the president claim on behalf of the other owners?
Yes, the president has standing to act on behalf of and for the benefit of the association. Under article 13.3 of the LPH, the president of a homeowners’ association has standing to defend in court not only the interests of the association but also the interests of individual owners.
Even to claim for private elements?
Yes, the president has standing to claim even for the private property of the other co-owners, that is, damage to the homes, parking spaces and storage rooms of all the owners. However, it is advisable to state this expressly in the minutes of the owners’ meeting authorising the president to act on behalf of everyone.
The president’s powers of representation extend to defending interests affecting the private elements of the property, since only in this way can proceedings involving countless people, all of whom the president can represent, be avoided. This has been established by, among many others, the Supreme Court judgments of 7 January 2015 and 16 March 2011.
But only for damage covered by the guarantees provided for in the Spanish Building Act, or also for the developer’s breaches under its contractual liability?
Being authorised and acting on behalf of and for the benefit of the association, the president is understood to have full standing to claim for structural damage (10 years), habitability damage (3 years) and defects in finishes (1 year) covered by the Spanish Building Act (Ley de Ordenación de la Edificación, LOE); in addition, there is another action to claim for damage based on contractual liability (5 years) between the seller and the buyers.
And the president has standing even for that action, according to the Supreme Court judgment of 21 March 2019
In practice, however, since the contractual relationship between the claimant owners and the developer would have to be proven, it is advisable to provide those owners’ respective deeds.
Conclusion
In conclusion, the president has standing to act on behalf of and for the benefit of the association, even to claim on behalf of the private properties. However, it is advisable to state this expressly in the minutes authorising the president to act on behalf of everyone and, if the claim is based on contractual liability, to provide copies of the owners’ deeds.
DPcon Reclamación daños constructivos.
Any questions?