Horizontal Property Act - Part 4

Published on 22/01/2007 in Your Spanish Home

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

Click here for part 2 in the series of these articles.

Click here for part 3 in the series of these articles.

Obligations of the Community of Owners

The Community of Owners (CO) is obliged to make all the required building works for the due maintenance and conservation of the building and its services, so it will keep the required structural, tightness, habitability and safety conditions.

On the other hand, those owners who oppose or delay the execution of the Authority requirements, will be individually risponsable of the sanctions that may be imposed by the Administration. Therefore, for instance, if the building is about to fall down and the Town Hall requires the repairs to the building, if there is a reticent neighbour and this makes the Community not obey, this neighbour will be liable, individually, of the sanction that may be imposed by the Town Hall.

The improvements in the building

No owner can demand new inastallations, services or improvements in the building which are not necessary for the needed conservation, habitability and safety of the building (i.e.- To change the front door of the building entrance for a more fashionable one… etc.)

If community decissions for the installation of unnecessary things are reached and the instalment to pay them is over 3 ordinary monthly instalments for common expenses, that neighbour who doesn´t agree with them, is not obliged to pay them, and his/her community  monthly instalment cannot be increased or changed, even when it is imposible to deprive him/her of the improvement made by the Community.

If the deprivement is posible and later on the dissident neighbour wants to take advantage of the improvements, he will have to pay his instalment on the expenses ralated to the installation and maintenance, duly updated, applying the corresponding legal interest.
Innovations which turn useless any part of the building for any neighbour will always require the  express consent of this specific owner.
 

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




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