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The Court of Appeals of Santiago accepted the protection appeal presented against the administration of the Parque Las Encinas Condominium building, from Barnechea, what power service interrupted for debt of common expenses to an electrodependent resident woman, connected to an apnea device.
In a divided ruling, the Fourth Chamber of the appeal court established the arbitrary action of the respondent when proceeding to interrupt the supply knowingly of the electrical dependency of a 64-year-old resident, who lives alone and requires the use of an electrical device for life that prevents respiratory interruptions when sleeping, due to suffering from obstructive sleep apnea / hypopnea syndrome (Sahos)
According to the ruling, the suspension of electrical power, although intermittent, and the fact that the administration knew about electrodependence, imply an arbitrary action that threatens the indispensable connection to the electrical device that supports the woman’s life and physical and mental integrity .
In addition, according to the court’s resolution, the decision to suspend electrical energy “lacks absolute rationality, as the Real Estate Co-ownership Law contains other means of collection, which can be used, in order not to affect the first fundamental right “.
Therefore, the court accepted the appeal against Pablo Moll Vargas, representative of the management company Direxxion Inmobiliaria SpA, and against the Parque Las Encinas Community Administration Committee, made up of Constanza Ruiz, Ricardo Bohn and Paz Navarro, who ordered to abstain to interrupt the electrical energy while Ana María Martínez is electrodependent. The decision was agreed with the vote against Minister Durán.
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