Horizontal Property Act - Part 2

Published on 28/11/2006 in Your Spanish Home

Click here for part 1 in the series of these articles.

The internal rules of the community

Together with  the Statutes, the owners can stablish certain rules for the regulation of their life together and the adequate use of services and common issues.
 
This rules are binding, although, just simple mayority of votes is required for its modification.

What  building works are allowed?

Every owner can  just do building works in his flat or premise, modifying its architectural elements, installations and services, provided:

  • The safety of the building, its general framework and its outer configuration and condition is not altered. 
  • None of the other owners’ rights is damaged.
  • Those building works are previously communicated to the Community.
  • Owners can do no alterations in the rest of the building. If urgent repairs are needed, it will have to be communicated to the administrator.

Which are the forbidden activities?
 
Owners and users of  apartmnents or premises cannot perform in their properties or in the rest of the building, those activities which are forbidden in the statutes, those which are damaging for the building or are against the General Rules on annoying, unhealthy, harmful, dangerous or illicit activities.

The President of the Community of Owners either by own initiative or by the initiative of any of the owners or users, must request to whoever may do any of the before mentioned prohibited activities to inmediately stop, or inform that person about the legal actions against him/her that might be started if the behaviour is not stopped.

If the offender persist doing it, the President, once authorised by the commitee of owners, can take it into Court.  In order to do that, the Community  needs to use a lawyer, a Procurator is not necessary (although very recomendable).

Once the lawsuit is in the Courts with the attached document on the solicitation made to the offender, together with the agreement taken by the board of owners, the Judge can pass a provisional decision on the immediate cessation of the prohibited activity and pass any other precautionary measure.  

After the necessary judicial procedure, the Judge will pass judgement in order to pass any or all the following measures: 
 

  • The offender to stop the forbidden activity once and for all.
  • The offender to compensate the Community for the produced damages.
  • The ofender to be deprived of the right to use the house or premise for a period no longer than three years.
  • A lawyer can provide legal advice on these issues according to the specific particulars of every case.

 

Joint and division of apartments and/or premises
 
Apartments and premises can  be divided and/or joined together, either totally or partially.
For those cases, the unanimous consent of the Community of Owners is required, and new shares need to be calculated for the refurbished flats.
 

 

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es




Right arrow icon Send to friends   Right arrow icon Printer friendly version    Right arrow icon Submit your own article


Comments:

sonia cull said:
23 May 2013 @ 18:38

can the community change the design of my community by adding security gates that many of us do not want?

Only registered users can comment on this article. Please Sign In or Register now.

Comment Using Facebook:




Related articles in this category

20 Home Staging Tips With a Difference

A Week in Spain

Achieving a Comfortable Temperature in Your Spanish Home

Are The Banks Paying Their Community Fees, IBI, Etc?

Bank Guarantee For Renting Your Property

Big Spanish Property Price Drop – Real Case Study

Bills, Bills, Bills

Can't Afford Your Mortgage In Spain? These Are Your Options

Can't Sell? Rent It Out With Option To Buy

Community Commotion

Coping with the limited space of an apartment

Counting The Costa Locking Yourself Out

Currency Update - Eurozone Jitters

Currency Update - Eurozone Jitters Continue Following Spanish Bailout

Currency Update - Is Spain in Trouble?

Currency Update - Sovereign Debt and the Euro's continued fall

Currency Update - What Is Happening To Europe?

Currency Update April 2011

Currency Update August 2011

Currency Update March 2011

Currency Update: Euroland and US - Where are we at the moment.

Demolitions in Spain

Do I Need To Pay Capital Gains Tax In Spain?

E.T Phone Home....but Maybe not from Spain

Entering a Community and the Role of the President

Euro Currency Update July 2011

Euro Currency Update: October 2011

Euro vs Sterling Currency Market Update

Expats Hit Hard By Property Tax Probe

Furnishing Your Property in Spain

Furnishing Your Spanish Property For Holidays Or Rentals

Getting Your Pool Ready for Summer

Home Insurance in Spain

Horizontal Property Act - Part 1

Horizontal Property Act - Part 2

Horizontal Property Act - Part 3

Horizontal Property Act - Part 4

Horizontal Property Act - Part 5

Horizontal Property Act - Part 6

Horizontal Property Act - Part 7

How Do You Value A Property In Spain?

June Currency Review of Euro Vs Sterling - Things Are Looking Up

Long Term Rentals in Spain

Maximising The Value Of Your Property

Mortgage Arrears – Is "Handing Back The Keys" A Solution?

NIE Numbers And Why They Are Important

Protect Your Home in Spain From Insurance Claims This Winter

Ratable Values Are Being Revised In Marbella

Recovering Community Fee Debts From Overseas Owners

Security Is The Key For Your Home In Spain

Some Spanish Property Market Good News?

Spain Ends Monopoly Of Electricity Supplies – Could Your Community Make Savings?

Spanish Property Market Values - What Is The Truth?

Sterling - Euro Reaches New Highs

Swimming Pool Regulations

Target the Spanish

The Day the Don Juan Community Defeated Don Juan

The Impractical Side Of Spanish Architects

The Nota Simple Explained

The Pound And Euro Face Uncertain Times

The Spanish Property Crisis - How long will it last?

The Stirling Euro Yo Yo Effect

There's Something About Spain

Tips On Selling Your Spanish Property The Distressed Way

Top Sales Tips: Get The Best Out Of Your Estate Agent

Top Tips For Insuring Unoccupied Holiday Homes In Spain

TRG for Sellers

Update On The Euro From Moneycorp

Valenica Land Law Abuses Fight For Justice Continues

Weekly Euro Update - 18 May 2010

Weekly GBP Euro Update - 20 July 2010

What is a comunidad de propietarios?

What The Future Holds For The Spanish Property Market

What to Do If Unable to Pay Off a Mortgage to a Bank in Spain?

What's Happening With Aifos?

Where Is The Eurozone Economy Heading?

Why Do So Many Still Put Spain Down?

Why Is My Spanish Property Not Selling?

Why to Insure Your Spanish Home in UK

Wills in Spain - No Will....No Way

Your Property on the Web - Simple!

Click here for a list of all the articles from our magazine 

Spain insurance services


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x