Tuesday, 02 December 2025 14:53

Supreme Court Ruling on the Mandatory Nature of the CAE

As you are aware, one of the main roles of the administrator is to advise the Community of Owners on all legal issues that might affect it, as well as the regulations and obligations that must be met, and in this case, we need to inform you that it is mandatory for the community to contract the Coordination of Business Activities.

We are all aware that it is mandatory to produce a report on the Prevention of Occupational Hazards and a Risk Assessment of communal areas for communities who contract workers, and for several years there has been talk in the sector about whether or not it is also necessary to to do this in communities that do not have contracted workers and who have services contracted via companies, with many rulings in district and high courts for and against this obligation, which have not made it clear how to act.

This situation has been clarified via a recent Ruling of the Supreme Court (486/22) which creates case law and confirms that it is mandatory to carry out this Risk Assessment of communal areas and Coordination of Business Activities for all communities of owners, whether or not they have directly contracted workers (exchange of information between the community of owners and the service company regarding risk prevention), it being possible to impose sanctions on the community if this is not complied with.

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