Property Owner v. Homeowners' Association: Summary Proceedings for Renovation Costs

A property owner sought a judicial order in summary proceedings to mandate the homeowners' association to bear the cost of necessary renovations to parts of their unit, arguing they were common property, but the association refused cost sharing, asserting the work concerned exclusive property rights. The court reasoned that while judicial orders for necessary construction measures on common parts when consent is lacking are appropriate for summary proceedings, the court's review power is limited; specifically, definitively classifying the renovated parts as common property versus individual property rights requires the ordinary procedure, as such a prerequisite determination oversteps the purpose of summary relief, and since the association only contested cost-sharing, not the measures themselves, the second condition for mandatory judicial ordering was also absent, thus correctly leading the lower court to dismiss the substantive request.