The Communities of Owners in Spain are regulated by the Law of Horizontal Property, which establishes the owners’ obligations, the ways to make agreements, majority votes, etc.
The obligations of each owner are compiled in the art. 9 de la Ley de Propiedad Horizontal (LPH)
Summary of the Owners’ Obligationsc
- Respect the community installations avoiding damage.
- Maintain his/her own property, repairing any damage as it occurs.
- Permit in his/her home or premises any repairs that are necessary for the maintenance of the community.
- Pay the community expenses that cannot be individualised according to the percentage of participation or what the statutes establish.
- Contribute to the reserve fund (mínimo 5% anual budget).
- Comunicate to the Secretary the address for notifications.
- Comunicate to the Secretary the change of ownership (sale, etc) . If not he/she will continue to be responsable for the payment of the community quotas.
Article 9 of the Horizontal Property Law
1. The obligations of each owner are:
a) Respect the general facilities of the community and other common elements, whether they are for general or private use by any of the owners, whether or not they are included in their floor or premises, making proper use of them and avoiding at all times damage or damage is caused.
b) Keep their own floor or premises and private facilities in a good state of conservation, in terms that do not harm the community or the other owners, compensating the damages caused by their carelessness or that of the persons for whom they must respond.
c) Consent in their home or premises the repairs required by the service of the property and allow in it the essential servitudes required for the creation of common services of general interest agreed in accordance with the provisions of this law, having the right to the community indemnity for the damages and losses caused.
d) Allow entry into your apartment or premises to the effects provided in the three previous sections.
e) Contribute, in accordance with the participation percentage established in the title deed or in the special provision, to the general expenses for the adequate maintenance of the property, its services, burdens and responsibilities that are not susceptible of individualization.
The credits in favor of the community derived from the obligation to contribute to the maintenance of the general expenses corresponding to the quotas attributable to the losing part of the annuity in course and to the immediately preceding calendar year have the preferential condition for the purposes of article 1923 of the Civil Code and precede, to your satisfaction, those listed in paragraphs 3, 4 and 5 of said precept, without prejudice to the preference established in favor of wage credits in the Workers’ Statute.
The purchaser of a dwelling or premises in horizontal property regime, even with title registered in the Land Registry, responds with the own acquired property of the amounts owed to the community of owners for the support of the general expenses by the previous owners. up to the limit of those that are attributable to the expired part of the annuity in which the acquisition takes place and to the three previous natural years. The floor or premises will be legally bound by the fulfillment of this obligation
In the public instrument through which the property or premises is transmitted, by any title, the transferor must declare to be up-to-date in the payment of the general expenses of the community of owners or to express those owed. The transferor must at this time provide a certificate on the state of debts with the community coinciding with its declaration, without which the granting of the public document may not be authorized, unless it is expressly exempted from this obligation by the purchaser. The certification will be issued within a maximum period of seven calendar days from its request by the person exercising the functions of Secretary, with the approval of the President, who will respond, in case of fault or negligence, of the accuracy of the data entered in it. and of the damages caused by the delay in its issuance
.f) To contribute, according to their respective participation quota, to the endowment of the reserve fund that will exist in the community of owners to attend the conservation and repair works of the farm and, where appropriate, for the rehabilitation works.
The reserve fund, whose ownership corresponds to all effects to the community, will be endowed with an amount that in no case may be less than five percent of its last regular budget.
With charge to the reserve fund, the community can sign an insurance contract that covers the damages caused on the farm, or conclude a contract for permanent maintenance of the property and its general facilities.
g) Observe the due diligence in the use of the property and in its relations with the other owners and respond to them of the infractions committed and damages caused.
h) Communicate to anyone who exercises the functions of Secretary of the community, by any means that allows to have proof of receipt, the address in Spain for the purpose of summons and notifications of all kinds related to the community. In the absence of this communication, the floor or premises belonging to the community shall be considered as domiciles for subpoenas and notifications, with full legal effects being delivered to the occupant of the same.
If a citation or notification to the owner was attempted, it would be impossible to practice it in the place indicated in the previous paragraph, it will be understood by placing the corresponding communication on the notice board of the community, or in a visible place of general use enabled for that purpose, with expressive diligence of the date and reasons why this form of notification is adopted, signed by the person acting as community secretary and endorsed by the president. A notice served in this fashion shall produce full legal effect in the term of three natural days;
i) to notify the person acting as community secretary, by any means ensuring proper evidence of service, the change of ownership of their unit. Any unit owner failing to comply with this obligation shall remain liable to the community jointly and severally with the new unit owner for charges incurred after the transfer, but shall be able to claim reimbursement from the new unit owner. These provisions shall not apply where any of the governing bodies of the community, established in section 13, have had notice of the transfer of the unit by any other means or as a result of unmistakable acts of the new owner, or where the transfer is publicly known.
2. For the application of the rules stated in the preceding paragraph, those expenses not attributable to one or several units shall be deemed general expenses, and non-usage of a service by a unit owner shall not exempt the unit owner from fulfilment of the corresponding obligations subject to the provisions of section 11.2 of this Act.
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