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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 686. Re-edited Answers for community of owners 1
Thursday, January 19, 2012 @ 9:24 AM

 Some answers:

1)  It is NOT possible to register a Community debt against a property at the Land Registry in Spain:It is possible once approved the preventive seizure of goods by the Judge.

2) Someone asked about virtual meetings. They are possible if the system can prove the real identity of owners or proxies.

3) If a Community may not deprive a debtor of the use of communal facilities, may debtors be deprived of the use of a communal facility upon which major expenditure has been made since they have not been paying their dues?

If the expenditure has been made to keep the commun use he cannot be deprived, if the expenditure is a improvement he can.

 Section 11 


1. No unit owner may demand new installations, facilities, services or improvements not required for 
the correct maintenance, habitation, safety and accessibility of the building, in accordance with its nature 
and characteristics. 

2. Where resolutions are validly adopted to carry out improvements that may not be imposed in 
accordance with the provisions of the last preceding subsection and whose cost of installation exceed the
ordinary common expenses for three months, dissenters shall not be bound, nor their fee modified, even 
where they cannot be deprived of the improvement or benefit.
 
If dissenters wish at any time to take advantage of the benefits of the innovation, they shall have to share in 
the cost of installation and maintenance, duly updated by application of the legal interest rate.
 
3. Where resolutions are validly adopted to carry out work to ensure accessibility, the community 
shall be obliged to pay the cost even where it exceeds the ordinary common expenses of three months.
 
4. Innovations impeding or barring any unit owner from using and enjoying any part of the building 
shall require, in any case, the express consent of such owner.
 
5. Special assessments for the implementation of improvements made or to be made in the building 
shall be at the expense of whoever is the unit owner at the moment when the amounts corresponding to 
such improvements become due. 

 


 4) There is something about that in the Horizontal Property Law, but could it be applied to major repairs to an existing facility? This is an obligation of the community and the non payer owner can have a charge on his property due to the lack of payment of these. You can use arbitration ( much advised) to solve possible discrepancies.

 Section 10

 
1. The community is obliged to carry out work necessary for the proper upkeep and maintenance of 
the building and its facilities in order to preserve appropriate conditions as regards its structure, 
imperviousness, habitation, accessibility and safety.
 
2. The community, at the request of owners of units in which persons with disabilities, or persons 
over the age of seventy, live, work or render voluntary or altruistic services, is obliged to carry out work to 
permit accessibility to and use of common elements in accordance with the disability of said persons, or 
work to install mechanical and electronic devices favouring their communication with the outside, provided 
the total cost of such work does not exceed the ordinary common expenses of three months.
 
3.  Unit owners exercising opposition to or causing delay of the execution of orders decreed by the 
appropriate authority shall be held accountable individually and be subject to administrative sanctions.
 
4. Discrepancy concerning the nature of works to be carried out shall be resolved by the owners’ 
general assembly. The interested parties may also apply for arbitration or for a technical opinion in the 
terms established by law.
 
5.  The obligation to satisfy expenses arising from maintenance and accessibility work herein stated 
shall be attached to the unit in the same terms and conditions as those established in section 9 for general 
expenses.
 
Algodonales from the main takeoff at Sierra de...
"Algodonales from the main takeoff at Sierra de Lijar", Algodonales, Cadiz, Spain, by gumnsteinlye, at flickr.com


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2 Comments


Piccavey said:
Saturday, January 21, 2012 @ 4:54 PM

Maybe this post will help people who want to do their Neighbourhood administration online:

http://www.eyeonspain.com/blogs/piccavey/6285/community-life-in-spain.aspx




David said:
Monday, January 30, 2012 @ 2:23 PM

We are actually using a program called OCM, I think it is by a company called Urbytus. You can see all the debtors list online which is only available to the owners who log into the private area. The website is fairly interactive and most importantly interactive. We have lots of debtors like all other commmunities and this is the best way to keep on top of them.


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