Owners’ associations: legitimacy in the face of new and traditional problems

Abstract

The intervention of the community of owners occurs in different processes either as a plaintiff or as a defendant. The different situations in which they affect you will determine your legitimacy in the lawsuit, both active and passive. The president and the community member stand out as legitimized, both active and passive. But other people can also participate in the process.

In these cases, it may be difficult to identify who is responsible for occupying the position of legitimation; we are referring to cases where a tenant, an heir, or a co-owner intervenes, especially in the face of classical and new problems in the communities.

Therefore, we will delve into the concept of legitimation and the different assumptions related to the community of owners, including the most recent jurisprudence, as well as other procedural issues, such as postulation, the theory of proper acts, means of proof and judicial assessment.