Laura
10-09-2012, 06:42 PM
Can anyone help clarify this issue?
25 years ago I purchased a semi detached terraced house on a development of 105 properties. The development is design and constructed to replicate a white pueblo style village.
It was built on 11 seperate lots, over a 10 year period, in phases. Each plot/phase contains either a detaached property, small rows of 6 to 8 terraced houses and 4 blocks of apartments constructed in groups of 6, one above the other. As each phase was completed it was registered as a micro-community within the overall community. Over 75% of the properties have no shared built areas other than adjoining party walls. The exception being the apartments which share common roofs. ie THere are no shared entrance lobbys, lifts, staircases, etc.
Our statutes (by law) contains a clause which states each Owner is responsible for the exterior repair and maintenance of their individual property. It also states if an Owner fails to keep their property in good condition the Community has the legal right to do the work and charge the Owner for the costs involved. Accordingly this clause on our statutes has been applied and enforced since the inseption of the Community of Owners some 30 years ago.
We have recently been informed by our Board/Administrator this clause in our statutes is now redundant and been superceded by Clause 10 of the Horizontal Law of Property Act and the Community is now legally responsible for the exterior maintenance of all properties in the development. This will include rectifying structural problems, the repair of roofs, balconies, etc and the exterior painting of our houses. In essence it means Owners will be obliged to hand over the external areas of their properties to the Board/Administation to maintain as and when they decide it is necessary, for the forseeable future. To fund the expense it is intended to significantly increase our already high Community fees.
I am aware the Law of Horizontal Property was amended by Law 8/99 and it´s purpose is to state a general legal framework acting as a common denominator for all communities in Spain. I understand in addition to these general Laws the Community Statutes legally determine the unique/specific requirements of each Community of Owners. I also understand to change/amend these Statutes requires unanimity amongst all Community Owners.
The questions I am trying to clarify are
Is our Board/Administration correct in stating the Clause in our Statutes has been superceeded by the Law of Horizontal Property Act Clause 10 and are we now legally obligated to hand over the external areas of our properties to the Board for repair and maintenance?
If the answer is yes will our Statutes need to be amended to clarify, to both current and future owners, they no longer are responsible for the external areas of their properties? If so will this require unanimity amongst the Owners before this legally can take place?
If anyone can shed any light on this I would appreciate it!
25 years ago I purchased a semi detached terraced house on a development of 105 properties. The development is design and constructed to replicate a white pueblo style village.
It was built on 11 seperate lots, over a 10 year period, in phases. Each plot/phase contains either a detaached property, small rows of 6 to 8 terraced houses and 4 blocks of apartments constructed in groups of 6, one above the other. As each phase was completed it was registered as a micro-community within the overall community. Over 75% of the properties have no shared built areas other than adjoining party walls. The exception being the apartments which share common roofs. ie THere are no shared entrance lobbys, lifts, staircases, etc.
Our statutes (by law) contains a clause which states each Owner is responsible for the exterior repair and maintenance of their individual property. It also states if an Owner fails to keep their property in good condition the Community has the legal right to do the work and charge the Owner for the costs involved. Accordingly this clause on our statutes has been applied and enforced since the inseption of the Community of Owners some 30 years ago.
We have recently been informed by our Board/Administrator this clause in our statutes is now redundant and been superceded by Clause 10 of the Horizontal Law of Property Act and the Community is now legally responsible for the exterior maintenance of all properties in the development. This will include rectifying structural problems, the repair of roofs, balconies, etc and the exterior painting of our houses. In essence it means Owners will be obliged to hand over the external areas of their properties to the Board/Administation to maintain as and when they decide it is necessary, for the forseeable future. To fund the expense it is intended to significantly increase our already high Community fees.
I am aware the Law of Horizontal Property was amended by Law 8/99 and it´s purpose is to state a general legal framework acting as a common denominator for all communities in Spain. I understand in addition to these general Laws the Community Statutes legally determine the unique/specific requirements of each Community of Owners. I also understand to change/amend these Statutes requires unanimity amongst all Community Owners.
The questions I am trying to clarify are
Is our Board/Administration correct in stating the Clause in our Statutes has been superceeded by the Law of Horizontal Property Act Clause 10 and are we now legally obligated to hand over the external areas of our properties to the Board for repair and maintenance?
If the answer is yes will our Statutes need to be amended to clarify, to both current and future owners, they no longer are responsible for the external areas of their properties? If so will this require unanimity amongst the Owners before this legally can take place?
If anyone can shed any light on this I would appreciate it!