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15 - 21 February 2018 / Costa del Sol
www.euroweeklynews.com
Community Law Corner By José Luis Navarro Solicitor for Intercala Administration
joseluis@intercala.com www.intercala.com
with Pete Woodall, Woody’s Los Boliches
LIVING within a community will at some point probably lead to a disagreement with someone about something. However when a disagreement sours and turns into conflict, this can be a problem. Fortunately there are several ways communities can resolve such ‘problems.’ The simplest way is to reach an agreement without the help of a third party and move on. However disputes within a community will often fair better with the help of a third party, a mediator who understands both sides of an argument and seeks to forge an agreement between the two. This role will often be taken on by the community administrator who although has no power to impose a solution, often has the experience and knowledge needed to bring about an amicable solution. Meditation is popular, there are no winners or losers, no one loses face, the harmony of the
FEATURE
Arbitration tribunals community is maintained and usually there is very little or no cost involved. Other solutions can be more involved. Some conflicts could be brought to a head by one party taking the other to court and relying on a judicial sentence to determine the outcome. Alternatively, providing the disputing factions agree, an arbitration tribunal can be asked to decide. However if both parties involved opt for a resolution by tribunal they cannot go back to the courts later, but choosing a tribunal has advantages. Firstly, celerity. It is said, nothing is more unjust than a late justice, and it’s no secret that Spanish courts being completely overloaded, are notoriously slow. A tribunal is often far swifter. Secondly, simplicity of procedure. Courts can be so complex it is next to impossible to predict all their requirements and cases just get bogged down in red tape and paperwork. Thirdly, specialisation and certainty. This is probably the most important advantage of ar-
bitration. The binding decision will be not issued by a judge but by a tribunal body that specialises in community matters. Judges must resolve a broad spectrum of cases on countless subjects, involving a multitude of disputes. There is little guarantee different judges will have the same in-depth knowledge and experience, consequently similar cases will not necessarily be resolved with a similar verdict. Predictability is far stronger with an arbitration tribunal as the interpretation of community law will nearly always be the same for similar situations. The College (association) of Administrators for the province of Malaga has such an arbitration tribunal for disputes concerning community issues. Not only will the tribunal usually be faster and cheaper than going to court, a community administrator registered with the college can ask for a preliminary report to predict the probable legal outcome of the tribunal for most situations. Whereas, as explained,
courts will not provide a uniform answer for similar situations. Knowing the probable outcome beforehand, means many cases will be dropped before they get to the tribunal. A tribunal is also a fast and cost effective tool for resolving disputes between communities and companies. For example, if a company is asked to restore the façade of a building, the contract can easily include a clause stating; in the event of conflict, the conflict will be resolved by an arbitration tribunal. As arbitration proceedings must be resolved within sixmonths the community and the company will not have to wait long for their answers, whereas with judicial courts the sentencing can take forever and a day. Therefore it is well worth communities considering appointing an administrator who is registered with the official College of Property Administrators for their province and avail themselves of the benefits and decisions of a judicial arbitration tribunal.