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Everything you need to know about the Horizontal Property Law in Spain and Community of Owners
The Horizontal Property Law regulates everything related to the relationships between owners of a community
The function of the president of the community
List of functions of the president of the community
- Represent the community in court and out of court, in all matters that affect it
- Sign contracts for works and services on behalf of the community
- Claiming community debts
- Call and close the owners' meetings
- Try to stop annoying, harmful or illegal activities that take place within, either on your own initiative or at the request of another member of the community.
What does the Horizontal Property Law say?
How to become a president of the community
Rights of an owner in a community
The following are the rights of the residents of a community of owners:
- The use and enjoyment of the community of which he is a co-owner, provided that the behaviour is legal, complies with the statutes and does not interfere with the rights of other neighbours.
- Carry out renovations or works in your home , as long as these do not affect the rest of the members of the community of neighbours.
- Participate in owners' meetings and decision-making.
- If any neighbour engages in illegal activities, activities prohibited by the statutes or activities that are harmful to the building, any owner may exercise his or her right to complain to the president of the community so that such acts cease.
- Right to elect and be elected to exercise any of the positions of representation of the community through the system that has been established in it.
- Right to attend, vote or delegate the vote in neighbourhood meetings.
- Right to call an extraordinary meeting provided that other owners jointly represent at least 25% of the residents.
- All owners, whether or not they attend the meetings, have the right to receive the minutes of the meetings.
- Propose topics of interest to include in the agenda of the next owners' meeting.
- When it comes to a levy for carrying out works that are not considered strictly necessary, but which have been approved by 3/5 of the residents, the owners may refuse if the installation fee exceeds three ordinary monthly payments of common expenses.
- Right to install an electric vehicle charging point for private use in your individual parking space, provided that the community is notified in advance and the cost of its installation is assumed.
Obligations established by the Horizontal Property Law.
The following are some of the most relevant obligations established by the Horizontal Property Law:
- Respect the facilities and do not alter architectural elements or community services if they jeopardise the security, configuration or exterior condition of the building, or negatively affect the rights of other owners.
- Keep the property itself in good condition.
- Contribute, in accordance with the participation quota, to the general expenses for the adequate maintenance of the property, its services, charges and responsibilities that are not susceptible to individualisation.
- Do not carry out prohibited activities that are harmful, annoying, unhealthy, damaging, dangerous or illegal.
- Consent to the repairs required by the property service in your home or premises and allow the essential easements required for the execution of works, actions or the creation of common services carried out.
Articles in the Horizontal Property Law of significance to the members of the community
Legal help with Community of Owners in Spain
Mobile: 0034 689 017 754
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Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.
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In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):
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Cartagena
El Carmoli
Islas Menores and Mar de Cristal
La Manga Club
La Manga del Mar Menor
La Puebla
La Torre Golf Resort
La Union
Los Alcazares
Los Belones
Los Nietos
Los Urrutias
Mar Menor Golf Resort
Pilar de la Horadada
Playa Honda / Playa Paraiso
Portman
Roldan and Lo Ferro
San Javier
San Pedro del Pinatar
Santa Rosalia Lake and Life resort
Terrazas de la Torre Golf Resort
Torre Pacheco
Aledo
Alhama de Murcia
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Camposol
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Fuente Alamo
Hacienda del Alamo Golf Resort
Lorca
Mazarron
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Murcia City
Peraleja Golf Resort
Ricote
Sucina
Condado de Alhama
El Valle Golf Resort
Hacienda del Alamo Golf Resort
Hacienda Riquelme Golf Resort
Islas Menores and Mar de Cristal
La Manga Club
La Torre Golf Resort
Mar Menor Golf Resort
Mazarron Country Club
Mosa Trajectum
Peraleja Golf Resort
Santa Rosalia Lake and Life resort
Terrazas de la Torre Golf Resort
La Zenia
Lomas de Cabo Roig
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