Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Charles]

The president of our community has erected a glass enclosure around his terrace. The statutes state that no alteration to the terraces can be made without the unaminous consent of all owners. It also says that the president must represent the community in the court. How do I get the president to take down the illegally erected structure?

[Ian Peters]

We live on a large urbanisation of over 500 properties including detached, and semi-detached villas, pueblo style blocks, and several large multi-story blocks built so close together as to be effectively one large block.
We are having serious corrosion problems in the pillars and supporting beams in several parts of the urbanisation.
Our president and administrator have decided that each group of owners must pay for the damage under their part of the buildings.
In a neighbouring urbanisation with very similar problems their administator advised that under the Law of Horizontal property the the beams, pillars and other supporting structures under the affected units were in fact "communal" and the whole urbanisation took responsibilty for the repairs using the "cuota" system to allocate costs.
I would be very grateful if you could give your opinion as to which version of the law is correct.

[Piet Rietveld]

We do have a community with 20 detached villas. The only common area is a swimming pool. In the minutes of the last AGM is stated that according to the Horizontal Property Act (HPA) the owners are responsible to keep their properties and also their gardens in "good condition". Could you explain to me how I must understand "good" in this case according to the HPA?

[Patricia]

We do have a community with 20 detached villas. The only common area is a swimming pool. In the minutes of the last AGM is stated that according to the Horizontal Property Act (HPA) the owners are responsible to keep their properties and also their gardens in "good condition". Could you explain to me how I must understand "good" in this case according to the HPA?

Dear Mr. Rietveld,

Owners are responsible for the maintenance and good keeping of their gardens, in relation to Safety and Hygiene. Each Town Hall has its own regulations regarding the good keeping of the green areas and swimming pools, indicating the specific requierements to be met in relation to Safety, Hygiene and correct working order. You can reach the Town hall and request a copy of the specific ordinances to have a clear idea of what is considered to be in " good conditions " .

Regards,

[Patricia]

We live on a large urbanisation of over 500 properties including detached, and semi-detached villas, pueblo style blocks, and several large multi-story blocks built so close together as to be effectively one large block.
We are having serious corrosion problems in the pillars and supporting beams in several parts of the urbanisation.
Our president and administrator have decided that each group of owners must pay for the damage under their part of the buildings.
In a neighbouring urbanisation with very similar problems their administator advised that under the Law of Horizontal property the the beams, pillars and other supporting structures under the affected units were in fact "communal" and the whole urbanisation took responsibilty for the repairs using the "cuota" system to allocate costs.
I would be very grateful if you could give your opinion as to which version of the law is correct.

Dear Mr. Peters.

You can easily find out what are the communal elements:

1. To all owners of the urbanization
2. To each block
3. To one sole owner ( villa or apartment owner )

This information is found in the Title deeds of the Horizontal division of the land, as well as the articles of the Community of Owners ( Estatutos ). These deeds must be accordingly registered in the Land Registry Office and you can request a copy from the Community of Owners Administration office.

Best Regards,

[Yvonne Fischer]

I have no comment.I would like to know if the Administrater and the President of an urbanisation have the law on their side to do anything they want

[Patricia]

Hello Yvonne,

Certainly not. Their roles and rights are defined and regulated in the Law of Horizontal Property: Ley 49/1960, de 21 de julio, sobre Propiedad Horizontal.

Rergards,

[Monica Cannon]

I own an apartment which is registered in my name only, can my new husband put himself forward as a committee member or president. We have been legally married for many years, but the apartment is still in my pre marriage name, does he have a right to stand for an office.

[Michael]

If the registered owner of an apartment is a company, can a representative of the company or a shareholder in it be elected to the office of Community President?

[Gerald]

Is the flat roof of an apartment block communal property? If necessary can I get access to my satellite dish which is on a communal wall only accessible via another resident's apartment roof.