Can I use my commercial premises as a home?

Yes, you can, Supreme Court has recently stated so: with the limitation of obtaining the corresponding license of habitation. The Supreme Court reasons this freedom as it is an action which (1) does not alter the community of owners’ participation fee (2) does not alter common elements. Any … [Read more...]

Community of Owners: a preferent creditor

According to the Spanish Horizontal Property Act, regarding the obligation of owners to support the overhead costs for the maintenance of the commun elements of the building/development, “claims by the community arising from the obligation to contribute to the corresponding overhead fees … [Read more...]

Contradictions about the Community of Owners’ capacity of punishing

In our post from April 21, 2014, we described that the Community is "not empowered and cannot punish those members that do not pay their fees by prohibiting to them the use of communal services". That doctrine was based on seven magistrates' decision. However, October 23rd 2012 decision by Notaries … [Read more...]

The power of Community of Owners… and my pool

Many Communities of Owners are putting ito practice such examples of penalization in cases of unpayment of Community fees as the limitation of common facilities like the pool. However, this is not a legal practice according to seven magistrates' verdict. The affirm that  1 - Community of Owners' … [Read more...]

Community of Owners: a collective body at your service

Community of Owners is an entity created to govern and carry out all the needs and works  when living in a particular building or area with other neighbours. The Community is regulated by the Horizontal Property Act. It is a collective body with a  President, an Administratos and a Secretary. All … [Read more...]

Rights of disabled people to access community pools in Spain

Supreme Court has recently stated, no Decission has before been submitted to this Court on this point, that disabled members of community of owners have rights for the Community to cover costs in relation to the access of the same to the pool, to the limit of 12 monthly community payments.   … [Read more...]

My debts on the Board? Is it legal?

Well, it depends... JUST IF/ As an extraordinary mean under certain requisites We explain Provision 16 of the Horizontal Property Act provides that the agenda for the General Meeting must contain: " a list of owners who are not updated in  payment of community fees". The Spanish … [Read more...]

Spain 2013 Property Communities Act

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Community of Owners and Data Protection in Spain

President or Board of Directors is risponsable for data protection in a  Community of owners. The President of the community is entitled to access these data It is recommended that, by any of the means used by the community to inform, the different co-owners are informed … [Read more...]

Judicial bonus for community of owners

Communities of owners that go to court will pay reduced judicial fees (0.1% instead of 0.5%). The reason is that they have no legal personality. This is what it has been answered by the General Directorate of Taxes, (Spanish Treasury), to the General Council of Property Administrators, in … [Read more...]

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