Calay News
In Almeria, a neighborhood dispute arose in a housing development between a group of naturists and other residents. The community of owners imposed nudist practices in some common areas of the estate, such as the swimming pool and gardens, and hired private security to ensure that everyone complied with the rule.
However, eight neighbors who felt discriminated against filed a lawsuit in court, requesting that they be allowed to access the common areas with clothes on. Although the court of first instance and the provincial court dismissed their claims, the Supreme Court has ruled in their favor.
The Supreme Court ruling establishes that the imposition of nudism in the common areas without the unanimous approval of the bylaws is not legal. The bylaws presented by the community of owners to justify the imposition of nudism were not approved unanimously by the neighbors, which means that nudism cannot be imposed without their approval.
In addition, the ruling recognizes the right of the residents to choose their attire in the common areas. The Supreme Court justices specify that residents cannot be arbitrarily prevented from enjoying their rights under the horizontal property regime over common elements if they do not practice nudism. They also point out that the practice of nudism is a respectable and legitimate personal choice.
Finally, the judgment establishes that the naturists must compensate each of the eight plaintiffs with 1,000 euros for moral damages.
