LANGUAGE PROBLEMS IN HOMEOWNERS 'COMMUNITIES AND ITS IMPACT ON THE RIGHT TO FULLY ENJOY THE LIVING PLACE

Abstract

The broadening of the concept “right to private and family life” carried out by the European Court of Human Rights implies to include in it non-intimate areas which can
significantly impact on the quality of life in the enjoyment of the dwelling. In this paper, we study the development of European Court’s case law on this matter in order to
propose applying it to some special cases. We refer to the situation in which a dwelling’s owner is excluded from the deliberation and participation of the condominium owners meeting due to his lack of knowledge of the language chosen by the majority of the proprietors to communicate with each other. As the decisions of the owners meeting can affect the effective exercise of the right to private and family life of the proprietors, we examine whether it is appropriate to protect this right in such a case.