Horizontal Property

In this case, the owners of a semi-detached single-family home within a real estate complex decided, on their own, to enclose a terrace of their house. The problem is that this type of work was expressly prohibited by the internal rules of the community and altered the aesthetic uniformity that all the homes in that complex have.

Upon finding out, the community of owners decided to sue these neighbors to dismantle the enclosure and return the terrace to its original state. The first ruling sided with the community and forced the owners to demolish the enclosure, something that was later confirmed by the Provincial Court.

Not satisfied, the neighbors took the case to the Supreme Court (TS), arguing that the terrace was for their exclusive use and that common rules could not be applied to an element that supposedly only affects them. However, the TS has clearly stated that these internal limitations, including those that protect the aesthetics and harmony of the complex, are completely valid and that all owners, both the original ones and those who buy later, must respect them, even if they concern private use areas such as a terrace.

In conclusion, the decision confirms that, when living in a community with common rules and elements (even in semi-detached homes), there are certain rules that protect everyone's interests and prevent the appearance of the whole from being unilaterally modified.