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Legal tip 998. NEW Rules for community of owners in Spain- June 2013- Part I
30 July 2013 @ 19:38

Horizontal Property Act, modifications since 28th of June 2013

CHANGES

Article 2: The LPH ( Ley de Propiedad Horizontal) shall also apply to  sub-communities and urban conservation entities where so provided in its Estatues.

 

Article 3: Improvements or damages of every unit will not alter the community  quota/fee, which can only be varied in accordance with the provisions of Articles 10 and 17 of this Act.  Each owner can freely transfer his rights with no  division of comprising elements and  without affecting obligations attached to this particular property regime.

 

Article 9.1.c: Every property has an easement to allow access to his property  not only for the creation of common services of general interest but also for the execution  of works and activities according to this Act.

 

Article 9.1.e: Purchaser of a home or building in horizontal property regime, even with title registered in the Land Registry, is liable before Community of owners, as the bought property is attached to that liability, for community quotas of the year of acquisition and those of the three previous years.

 

Article 9.1.f: The reserve fund may be used not only to maintenance and repair works but now also to rehabilitation.

 

Article 10: In terms of works:

a) They are mandatory and do not require the authorisation of owners, those arrangement works imposed by the Administration or requested by the owners in the following cases:

-Maintenance, conservation and those necessary to meet basic safety, habitability, accessibility  requirements as well as  conditions of ornament.

-Works related to general conservation obligation when they are being imposed by the Administration.

-Necessary works to  ensure reasonable  accessibility and, in any case,  those works required by owners or users with disabilities or owners who are older than seventy years, in order to assure the proper use of the common elements and the installation of ramps, elevators or mechanical and electronic devices that favor the communication with the outside provided that the cost does not exceed twelve months of community fees.

As a novelty,  these works can be requested either by  homeowners or local owners.  There is no further reference to  economic family unit.

-No prior agreement  of community of owners is also necessary for  material division acts, acts of aggregation, construction of new plants and otherwise altering the structure or fabric of the building or common things as well as the establishment of a real estate complex  if they are made as a  result of the Property being included  in the  scope of  a  urban rehabilitation, regeneration or renewal project.

Payment of the works: the costs of the necessary repairs shall be borne by all owners who will just decide on amounts to be paid and payment schedule

b) Require administrative approval, in any case:

-Creation or modification of the building complex  of art. 17.6 of Land Act.

-Material division, aggregation, new plant construction, substantial alterations (enclosure and surround) if there is an agreement of the 3/5 of all owners and share holders.

Both setting new quotas and the nature of the works in case of discrepancy  require agreement of  3/5 of all owners and share holders.

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