La condición de consumidora de la comunidad de propietarios. Comentario a la Sentencia del Tribunal Supremo, Sala de lo Civil, de 13 de abril de 2021 (JUR 2021,129929)

Abstract

The Supreme Court considers that commnunities of owners have the status of consumers and that therefore the consumer protection regulations are application to them, so that in relation to a service lease it is understood that the penal clause is not abusive for breach of the obligation of non-concurrence of the contracting community of owners. The duration of the contract is no excessive and the power to terminate the contract by the community of owners can be materialized by means of a simple communication to the service provider one month in advance of the expiration date of first annual period or any of its extensions. The penal clause discussed does not affect or limit the power to terminate the contract, but rather the possibility that the community of owners retain, through their direct or indirect hiring, on their own account or on behalf of others, some of the workers previously selected and trained in the demand. Consequently, it does not affect the penal clause or the negotiation or determination of the contract, which are the aspects related to the precepts that the appellant considers violated.