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El blog de Maria

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

Legal tip 71. Questions and answers on Community of Owners. Part 1.
20 April 2009 @ 10:15

1.  Do I own some of the common elements? 

Yes you  co-own them.  You are the exclusive owner of your apartment and co-owner of the common elements: stairs, patios, yards, entrances, elevators, structural elements, power supplies´ installations, pools, gardens, tennis courts, common facades, roof…

2. How do I know which are "my" common elements of my Community of Owners?
The chart of individual and common elements is a Notary deed, the deed of Horizontal division which is granted when the building is finished.

It is a document which describes the building as a general unit and every flat or premise individually, with indication of surface, floor and annexes such as parking garages, attics or storage rooms.

3. So, as I am a co-owner, can I freely allot some of them for my privative use? It would be so nice to have a corner of that pool....!!
Unfortunately not. Co-ownership on these just implies you need to maintain them (there the community of owners quota) and you need to be asked on any alteration of them.
4. Oh well... how is that quota calculated?

Every apartment or premise has a quota or share of ownership (cuota de participación) of the total value of the building, which is the scale to determine the percentage on the community expenses to be paid by each owner.

The proportional share of every flat or premise is fixed having as the calculation base,
the net usable area of every flat or premise in relation to the whole building, its interior and exterior location, situation, and the kind of use of common elements that the owner is supposed to be doing in the future.
5. What if I do not agree with the quota assigned to me?
You can of course analise how it was calculated and challenge it before the Community of Owners. You can also go to Courts if they keep " overcharging you". 
6. How can I know where are the legal  rules of the  Community? I do not want to obey too many rules...

 That Notary chart, the horizontal division deed, also has certain regulations ( called Estatutos) of the building use, its flats and premises, installations and services, expenses, administration, maintenance and repairs. Every new owner will be bound automatically by them and the decisions legally taken at previous meetings.
7. Where I can know of previous decisions made by the Community of Owners?
The minutes of the Meetings of the Community are kept by the President or Administrator.
8. Can stupid rules be removed?
Of course yes but you need the unanimous consent of all the owners if they are part of the Statutes and the majority if they are part of additional internal rules.

Conil ( Cadiz) beach byPablo G. Pando at

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