minimum number of owners in a community of owners.

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03 Aug 2018 20:44 by piter Star rating in Netherlands. 1 posts Send private message

Hello all,

I am kind a new on this forum as a writer, but have been reading it for years. The answer to the following question can not be found by me on this forum, maybe one of you can help me out.

I am the owner of the majority ( according % in division horizontal ) of appartments in our -very small- block, there are three owners in total. Two other owners and me.
There is currently no community of owners, though the block is in use since +30yrs.

Question: Can I be forced to coorporate in forming a community of owners ?

Kind regards for legal advice in this matter.




This message was last edited by piter on 03/08/2018.

This message was last edited by piter on 03/08/2018.

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04 Aug 2018 02:16 by Roberto Star rating in Torremolinos. 4536 posts Send private message

Roberto´s avatar

I believe that where there are less than four owners in a property, there is no legal requirement to form a community.

Unfortunately, I can't find any official confirmation of this for you - but I faced a similar situation years ago when I was one of four owners in a building with no established community of owners, and was advised by a lawyer at that time that, as there were the minimum required (four) owners, I had to cooperate in forming a community. (It never came off, because rather strangely, the owner who wanted to form the community had never contributed a single peseta to the shared expenses, and made it quite clear that she had no intention of ever paying her share either. It was her lawyer who advised me of the law - and then advised her own client to shut the f... up and drop the matter!)

Hopefully Maria (our resident lawyer) can confirm, or not, the law on this?



"Get your facts first, then you can distort them as you please"

Mark Twain




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04 Aug 2018 11:18 by nitram Star rating in castalla. 172 posts Send private message

I am almost sure any devolopment consisting  of 5 or more propertys is classed as a Community, don´t think amount of people living or ownng a property  has anything to do with it

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04 Aug 2018 11:20 by nitram Star rating in castalla. 172 posts Send private message

I am sure any devolopment of 5 or more propertys is classed as a community, iraspective of amount of people living in each property

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04 Aug 2018 15:01 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Piter:

Welcome to EyeonSpain. I am seeing a new season in the forum with new topics and interests.

The regime of Horizontal Property exists once more that one owner are under the features described in provision 396  of the Civil Code whether or not they have granted the title of horizontal property.

What does the 396 of the Civil Code says?

Some questions and answers clarify:

  • When there is a community of owners?

When there are different floors or premises of a building or parts of it susceptible to independent use because they have their own exit to a common element of that or to the public road

  • What is the main feature of the community of owners?

The existence of co-ownership rights over the common elements of the building, which are all necessary for its proper use and enjoyment, such as:

 -The ground, flight, foundations and covers

- Structural elements and among them the pillars, beams, slabs and load-bearing walls;

- The facades, with the external coverings of terraces, balconies and windows, including their image or configuration, the closing elements that conform them and their external coatings;

- The portal, staircases, gateways, corridors, steps, walls, pits, patios, wells and enclosures for elevators, warehouses, counters, telephones or other common services or facilities, even those that are for private use;

-Lifts and installations, pipes and pipelines for drainage and for the supply of water, gas or electricity, including those for the use of solar energy;

- Pipes and pipelines of domestic hot water, heating, air conditioning, ventilation or smoke evacuation;
- Fire detection and prevention devices;
- Electronic door entry and building security devices
- The collective antennas and other facilities for audiovisual or telecommunication services,
- The easements and any other material or legal elements that by their nature or destination are indivisible.

  • What is the legal regime of this commun elements?

The parties in joint ownership are in no case liable to division and may only be sold, encumbered or seized together with the specific part of which they are inseparable.

In the case of sale of a flat or  a premise, the owners of the other units, for this single title, will not have the right of pre-emption or buying-out.

This form of ownership is governed by special legal provisions and, as far as they allow, by the will of the interested parties.

As said below, these communities are governed, in any case, by the provisions of the LPH as concerning the legal status of property, its exclusive parts and elements common rights, as well as the reciprocal rights and obligations of commoners (LPH art.2.b).
Therefore, if the building meets such requirements, although there is no title, in fact it is already a community of owners and the LPH is applied

If you have further questions, please contact us at


Maria L. de Castro, JD, MA



El blog de Maria

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