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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 711. Re-edited answers for community of owners 11.
22 February 2012 @ 11:02

 73. We are a group of 30 villas. Can we form a Community of owners?

Yes, you can, as the Horizontal Property Act can be applied to developments under these requirements:

  • To be integrated for 2 or more buildings or plots which are independent of each other, composed of apartments or premises.

  • The owners of the apartments and premises which are “horizontally divided” have inherent co-property rights on the common elements of the building.

74. What about the blocks of apartments next to us, of same development... can they be integrated I our Community?

In that case, you can decide between:

  • Being set up as an individual Community of Owners.

  • Being set up as a “Communities of Owners Association”. In this case, they will be submitted to the regulations of the Horizontal Property Act, with the following particularities:

  1. The Constitutive title of the new grouped Community must be conferred by the unique owner of the complex ( developer) or by the presidents of all the communities that will integrate it, previously authorized by a majority agreement of their respective meeting of owners.

  2. The Meeting of owners is composed, if not agreed otherwise, by the Presidents of the communities integrated in the group, who will be the representatives of their correspondent community at every Associations meeting.  

  3. The adoption of agreements for which specific majorities are required, need to have in any case, the previous obtaining of that specific majority in every one of the associated Communities.

  4. A reserved fund is not required for the Association.

  5. The governing body of the Association only can decide about the elements of the building, lines, installations and common services.

  6. Its agreements can not limit the faculties that corresponded to the governing body (General Meeting, President, Secretary, etc.) of the communities of owners integrated in the association of the communities

  7.  

Los Caños de Meca en Barbate (Cádiz)

"Los Caños de Meca en Barbate (Cadiz)", Spain, by Manuel Acebedo: El Viajero de la Janda Litoral, at flickr.com



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