Appeal Court Decision!
Limitations on Homeowners Association Inquiries in Aruba: What You Should Be Aware of
As #YourFavoriteLawyer, I always do my best to stay abreast of legal developments that might impact our community. Recently, a ruling from an appellate court in Sint Maarten caught my attention and could potentially have implications for condominium and homeowners associations in Aruba. On March 10th, 2023, they ruled that homeowners associations are exempt from the right of inquiry as defined in Book 2 of the Civil Code; this means homeowners association members won’t be able to use this right of inquiry to suspend or dismiss any members or the board without first getting 10% support through petitioning this to the appellate court.
In simple terms, this means that disputes in a homeowners association must be settled according to the relevant action on condominiums in Book 5 of the Civil Code. This decision could have significant repercussions for homeowner associations in Aruba as it restricts their ability to act against problematic board members.
Let’s face it, conflicts in condos and homeowners associations can get messy quickly. That is why having the appropriate tools to maintain peace is so important. Aruba homeowners associations and condo owners, don’t be intimidated – reach out to Gomez Coffie Law #YourFavoriteLawyer, for expert guidance through this legal maze!
We are confident that together we’ll make it through with ease!