We are pleased to announce that, in a claim against a condominium association as our client, the Court of Appeals in Wrocław followed our arguments and amended the lower court’s judgment. This has finally dismissed the claim seeking to quash a resolution adopted by our client.
According to the Court of Appeals, the condo association represented by SENDERO successfully showed that putting a barrier gate at the entrance to the property does not violate the law or the interests of business premises’ owners. The court held that the majority interest prevails over the private interest of business premises’ owners who would like to continue having some space for their customers to park their cars on the property.
The court agreed with our argument that a condominium is not restricted by the original use of the common property and that use problems caused by unrestricted car access are a legitimate reason to change the position of the gates.
The case was handled by Anna Wieczorek, attorney-at-law and SENDERO Tax & Legal partner, with the involvement of Piotr Rolka, trainee attorney-at-law.