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Act
49/1960 of July, about Property In Condominium, Reformed By Act
8/1999 (6th April)
STATED PURPOSE
The long period of validity of Act 49/1960, of 21st July, about
Property in Condominium, has demonstrated its great utility many
different scopes: in the regulation of relationships among the
proprietors subjected to their regime in building development and
town planning. Act 2/1998, of 23rd February, as well as Act 3/1990,
of 21st June, meant a great advance in the approaching to social
reality. However, when the time has gone by, society new aspirations
have arisen as regards of Property in Condominium regulation.
The rule of the unanimity is considered nowadays
rigorous excess, as it blocks the carrying out of certain
performances which are convenient for the community of proprietors
and even, for environmental or another nature reasons, for the rest
of the guild. Making the regime of majorities more flexible for the
establishment of certain services (Porter’s houses, elevators,
removal of architectural barriers, which hinder the mobility of
disabled people, telecommunication services, use of solar energy,
etc.) has been considered convenient.
Another of the big demands of the society is to achieve communities
of proprietors rightfully be paid what the integral proprietors owe.
What comes to be called the fight against bad payers, is aimed to be
struggled by this reformation through a plurality of measures
directed to such a goal: creation of a reservation fund, publicity
in the public instrument for transferring figures owed by
proprietors, real affection of the transferred property to the
payment of general expenses corresponding to the annual payment in
which the purchase takes place and to the very previous year, joint
responsibility from the transferor who doesn't let know the
ownership change, executive character attribution to formal
agreements made at the Meeting of Proprietors, establishment of an
agile and effective procedure of judicial execution for the
collection of debts with the community, etc..
The present Act also carries out an up-to-dated regulation
for meetings minutes creation, community board functions, in
particular those of the administrator. (Any proprietor or natural
person with enough professional qualification could be administrator),
regime of call, vote right performance, President's position
abandonment and other numerous matters which have been pointed out
as insufficiently regulated by daily reality.
Therefore, the Property in Condominium Act
acquires flexibility and dynamism, as well as effectiveness, and it
complies with the new social requirements, and it will surely go on
being one of the more transcendental ones for the coming decades in
our country.
CHAPTER I
General clauses
1st Clause
The present Law goal is the special regulation of
property on clause 396 from Civil Code, called Property in
Condominium.
All those parts of a building, which could be liable to
be usable in an independent way, because they have an exit either to
a common area or to public thoroughfare, will be considered premises
for this Act purpose.
2nd Clause.
This Law will be applicable:
a) To those communities which have been constituted in accordance to
what is disposed on the 5th clause.
b) To those communities which fulfil all requirements settled down
on article 396th from Civil Code and have not granted the
constituent title of Property in Condominium.
Those Communities will be governed, in any instance, for the
dispositions of this Act related to juridical Property regime, of
their exclusive parts and common elements, as well as to the rights
and reciprocal obligations of the co-owners.
c) To private real state housing, in the terms stated on this Act.
CHAPTER II
About floors or premises Property regime
3rd Clause
According to what is stated by the regime of property on
article 396 from Civil Code, the following points correspond to the
owner of each floor or premises:
a) The singular and exclusive right of property on a sufficiently
defined and susceptible of independent use space, with the
architectural elements and facilities of all kinds, apparent or not,
which are included inside their limits and are exclusively used by
proprietor, as well as those annexes expressly indicated on the
title deed, although they are located outside the defined space.
b) The co-ownership of the remaining elements, belongings and common
services with other owners of flats or premises.
Every flat or premises will be attributed a participation quota
according to the property total value and related in hundredths from
it. This quota will be used as a module to determine the
participation in duties and benefits at the risk of the community.
The improvements or damages of each flat or premises will not alter
the stated quota, which will only be to change for unanimous
agreement.
Each proprietor can freely use his right, without being able to
separate the elements which integrate it and provided that the
enjoyment transference does not affect derived obligations from this
regime of property.
4th Clause.
Division action will not proceed to cease the situation
which regulates this Law. It will be able to be executed just by
each proprietor pro-indiviso on a definite flat or premises, bounded
to him, and whenever the pro-indivision has not been established as
a purpose for common service or utility for all proprietors.
5th Clause
The Property Title Deed for flats or premises will describe, besides
the property as a whole, each one in particular, which will be
assigned correlative numbers. The description of the property must
express the required circumstances on mortgage legislation and all
services and facilities which exist. That of each floor or premises
will express its extension, boundaries, floor and annexes, such as
garage, attic or basement.
In the same title he/she will notice the participation
quota that corresponds to each floor or local, determined by the
unique proprietor from the building when beginning their sale for
floors, for all the existent proprietors' agreement, for award or
for judicial resolution. For their fixation he/she will take like
base the useful surface of each floor or local in connection with
the total of the property, their interior or external location,
their situation and the use of it, which shows off rationally that
it will be made of the services or common elements.
The title will be able to contain, also, constitution
rules and exercise of the right and dispositions not prohibited by
the Law in order to the use or destination of the building, its
different floors or local, facilities and services, expenses,
administration and government, sure, conservation and repairs,
forming an exclusive statute that won't harm third parties if it has
not been inscribed in the Registration of the Property.
In any modification of the title, and safe what prepares
about the validity of agreements, the same requirements will be
observed than those for the constitution.
6th Clause
The group of proprietors will be able to settle certain rules to
regulate coexistence details and the proper use of services and
common things, and within the statutory ceiling. Those rules will
legally bind any holder whether they are not modified the expected
wayform to come to agreements about the administration.
7th Clause.
1. Proprietors of each flat or premises will be able to
modify the architectural elements, its facilities or services when
it does not impair or alter the building security, their general
structure, their configuration or external condition, or it
prejudice another proprietor rights, and the one in charge of
representing the community, should previously be informed.
He will not be allowed to make any alteration in
the rest of the property and if he notices the necessity of urgent
mends, he/she should tell it to the administrator without any
delay.
2. The proprietor and the occupant of the flat or premises are not
allowed to develop activities which are forbidden by statutes for
being harmful for the property or because they infringe the general
provisions about annoying, unhealthy, noxious, dangerous or illicit
activities.
The President of the community, on his own initiative or that from
the proprietors or occupants, will require the one who is carrying
out banned activities on this section the immediate ceasing of them,
as official warning to take disciplinary action against him/her.
If the offender persists in his behaviour, the President, by getting
a previous authorisation from the Proprietors Board, duly summoned
to such effect, will be able to file a cessation action against
him/her. It will be carried out adjusting to the rules which
regulate declaratory proceedings if the actions are not foreseen on
this clause.
Once the claim has been put in to the offender, together with a
certificate of the reliable requirement and of the certification
from the agreement adopted by the Board of proprietors, the Judge
will be able to determine the immediate ceasing of the forbidden
activity with preventive character, under provision of committing
disobedience crime. He will be able to decide as well all
provisional measures that were necessary to ensure the
discontinuance order effectiveness. The claim will go against the
proprietor and, in its case, against the occupant of the house or
premises.
If the judgement were approved, he could decide, besides the
definitive ceasing of the forbidden activity, and the compensation
for damages and prejudicial consequences which proceeds, the
privation of the right to use the house or premises a term under
three years, in accordance to the seriousness of infraction and
damages caused to the community. If the offender were not the
proprietor, the order could declare extinguished definitely all his
rights concerning the house or premises as well as his immediate
dispossession.
8th Clause.
Flats or premises and their annexes could be divided
into more reduced and independent ones, and enlarged by the
aggregation of adjacent ones from building or reduced by any part
segregation.
In such cases it will be required, besides the consent
of the affected holders, the approval of the Proprietors Board as
well as the affected holders approval, to who settlement of the new
participation quotas for reformed flats concerns, according to what
is disposed on clause 5th, without alteration of the remaining
quotas.
9th Clause
1. They are proprietor's duties:
a) Respecting general facilities of the community and other common
elements, general or exclusive for any proprietor included or not in
their flat or premises, making an appropriate use of them and
avoiding damages or prejudices to be caused.
b) Keeping in good conservation condition their own flat or premises
and exclusive facilities, so that they do not cause harm to the
community or to the other proprietors, by compensating damages
caused by their carelessness or that of people who should be
responsible for them.
c) Allowing in their house or premises the repairings which the
property service requires, and the indispensable servitude required
for the creation of common services previously agreed for general
interest, according to what is disposed on the article 17th, and
being the community responsible for compensating possible damages.
d) Allowing the entrance in their flat or premises to the purposes
from the three previous sections.
e) Contributing to general expenses for the proper maintenance of
the property, their services, loads and responsibilities which are
not liable to be individual, according to the participation quota
determined on the Tittle Deed or to what has been specially
determined.
Credits in favour of the community which derive from the liability
of contributing to general expenses for supporting, corresponding to
imputable quotas to the due part of the annuity in course, and to
the immediately previous natural year, they have the condition of
preferential as far as the article 1923 from the Civil Code says,
and they precede, for their satisfaction, to those which has been
enumerated in the sections 3rd, 4th, and 5th
from such provision, without prejudice to the established preference
in favour of the salary credits on the Workers Act.
The purchaser of a house or premises in Property in Condominium
regime, even with a registered Title inscribed on Property Register,
responds with his own acquired property for the quantities he owes
to the Proprietors Community, for the maintenance of general
expenses by the previous takers right to the limit of those that are
attributable to the due part of the annuity in which the purchase
takes place, and to the immediately previous natural year. The flat
or premises will be legally encumbered to such duty enforcement.
The house or premises transferee should declare to be up to date in
the payment of community general expenses or to express what he owes
in the public instrument through which the house or premises is
transferred, whatever its Title is. The transferor should provide a
certification about the state of debts with community at that time,
and it has to coincide with his previous declaration, without which
he will not be able to authorise the grant of the public document,
unless he was specifically discharged from such duty by the
purchaser. The certification will be issued in a maximum term of
seven natural days from its application by people who does Secretary
functions, with the President approval who will be responsible, in
case of blame or negligence, for the accuracy of consigned data and
for damages caused by delay in its issue.
f) Contributing, according to their respective participation quota,
to the endowment of a reservation fund which should be provided for
supporting maintenance works and property repairings
The reservation fund, whose ownership corresponds to the community
for all purposes, will be endowed with a quantity that should not be
inferior to five percent from its last ordinary budget.
The community will be able at their own expenses to subscribe an
insurance contract which covers the damages caused in the property,
or to reach a permanent contract for the property and its general
facilities maintenance.
g) Taking into account the legal measures for the use of property
and, concerning their relationships with the other neighbours, being
responsible before them for infractions and damages.
h) Informing the person who acts as Secretary about his Spanish
address in case he has to be required for either notifications or
calls of any nature, which are related to the community matters. By
default of it, the community flat or premises will be considered the
address notifications and calls, and all those delivered to the
occupants, will have juridical effects.
If the attempted notification or call were impossible to be practice
at the place prevented in the previous paragraph, it will be
understood to be carried out by the placing the corresponding
communication on the community bulletin board, or in a visible place
of on a general use place fit out for such effect, explaining the
date and reasons for which they proceed to this notification way.
The Secretary of the community should sign it, previous President
approval. This way notification will produce full juridical effects
in a three natural day’s term.
i) Informing the Secretary of the community about the flat or
premises change of holdership, for any means that allows to put it
on record.
People who fail to fulfil such duty, will go on being responsible
for the debts with the community although yielded after
transmission, in a joint way with the new holder, without any
prejudice of relapsing.
What has been disposed on the previous paragraph should not be
pursued when any of the governments organs settled down on 13th
clause is aware of the flat or premises change of ownership, by any
other means or new proprietor's conclusive acts, or when
transmission is notorious.
2. For the application of the rules from the previous section,
expenses which are not attributable to any flat or premises will be
reputed as general ones, and the disuse of a service will not exempt
from the comply of duly duties, without any prejudice of what is
settled down on this Act 11.2 clause.
10th clause.
1. The community will be obliged to carry out necessary works for
the property and its services proper maintenance and conservation,
so that it should fulfil all due structural, tanking, habitability
and safety conditions.
2. Proprietors who are unjustifiably opposed or delayed in the
execution of the orders, which have been enacted by competent
authority, will be individually responsible for the sanctions, which
could be imposed by administrative action.
3. In case of disagreement on the nature of the works to be carried
out, the Proprietors Board will decide what is reasonable and
appropriate. Interested parties will also be able to request an
arbitrary or technical judgement in the terms settled down by Law.
4. The flat or premises are affected by the payment of expenses
derived from the realisation of maintenance works referred on the
present article, under the same terms and conditions which were
settled down on 9th clause for general expenses.
11th Clause
1. None of the proprietors will be able to demand new facilities,
services or improvements that are not required for the proper
community maintenance, habitability and safety, according to its
nature and features.
2. Whenever some agreements are adopted in order to carry out
non-required innovations under the previous paragraph provisions,
and whose installation quota exceeds the amount of three ordinary
monthly payments of common expenses, the dissident neither will be
forced, nor his quota will be modified, even whether he cannot be
deprived of the improvement or advantage.
If the dissident wants, at any time, to participate of the
advantages of the innovation, he will be obliged to pay his quota
concerning fulfilment and maintenance expenses, properly up-to-dated
by applying the corresponding legal interest.
3. Innovations which become useless some part of the building for
the proprietors quiet enjoyment, will require, in any case, the
express approval.
4.Calls for contributions to the payment of finished or future
property improvements will be at the expenses of the one who is the
proprietor at the moment of the liveability of affected quantities
for the payment of such improvements.
12th Clause.
The building of new floors and any other alteration of
the building structure, or of the common things, affect the Title
Deed and they should undergo the established regime for its
modifications. The adopted agreement will state the nature of the
modification, the changes it originates in the description of the
property all flats or premises, the change of quotas and the new
flats or premises holder or holders.
13th clause.
Community government Board remains as follows:
a) Proprietors Board.
b) President and, in any instance, the Vice-presidents.
c) The Secretary.
d) The Administrator.
Other community government positions could be appointed on the
statutes or by the Proprietors Board majority agreement, but
provided that it cannot mean any disadvantage for functions and
responsibilities to third parties which Act attributes to the
previous ones.
2. The President will be appointed by proprietors by voting, on a
rota system or draw. The appointment will be compulsory, although
the appointed proprietor will be able to request his relief to the
Judge within the month after his access to the post, by explaining
the reasons because of which him does it. The Judge will take a
reasonable decision through the procedure on the 17.3th clause,
appointing the proprietor who should substitute the President until
a new appointment is appointed. The term should be determined on
judicial resolution.
They will go to the Judge as well, when for any reason, the Board
finds not possible to appoint the President.
3. The President will be the legal community representative, in any
trial and out of it concerning all matters which affect it.
4. The existence of Vice-presidents will be optional. His
appointment will be carried out through the same procedure than the
one for the President's appointment. The Vice-president or
Vice-presidents should substitute the President in his absence,
vacancy or impossibility, as well as help him in the exercise of his
functions in the terms established by the Proprietors Board.
5. The Secretary's and of Administrator functions will be exercised
by the community President, unless the statutes or the proprietors
Board decide by majority agreement, to dispose such functions
separated from the presidency.
6. Secretary and Administrator posts could be in one person or be
appointed independently.
Administrator position and, in his case, that of
Secretary-Administrator could be held by any proprietor, as well as
by natural person, for with enough professional qualification and
legally recognised to exercise those functions. It could be also
held by corporations or another legal person, in the terms settled
down on the legal system.
7. If the statutes of the community do not dispose the opposite, the
appointment of government bodies will be made for one-year term.
Appointed people could be removed from their position before the
expiration of the mandate by the Proprietors Board agreement,
summoned in extraordinary meeting.
8. When the number of proprietors of flats or premises in a building
does not exceed four people they will be able to apply for the
regime of administration on article 398 from the Civil Code, if they
expressly set it down on their statutes.
14th Clause.
The Proprietors Board should be responsible for:
a) Appointing and removing people whom hold above-mentioned
positions and to solving the claims which the holders of flats or
premises make against their actions.
b) Approving the expected plan for expenses and incomes and the
corresponding accounts.
c) Approving budgets and the execution of all repairing works of the
property, either ordinary or extraordinary, and being informed of
the urgent measures adopted by the Administrator according to what
is disposed on the article 20th c).
d) Approving or reforming the statutes and determining rules of
interior regime.
e) Knowing and deciding other matters of general interest for the
community, taking the necessary or convenient measures for the best
common service.
15th Clause.
1. The attendance to the General Proprietors Meeting will be
personal or by legal or voluntary representation, being enough
writing signed by the proprietor to certify it.
If any flat or premises belongs pro indiviso to different
proprietors they should appoint a representative to attend and to
vote in the meetings.
If the house or premises is in usufruct, the attendance and the vote
will correspond to the proprietor who, except for stating the
opposite, will be understood to be represented by the tenant, and
the delegation should be express when they are agreements referred
to the first clause on the article 17th or extraordinary works and
improvements.
2. Proprietors who are not up-to-dated in the payment of all the due
debts with the community at the moment of beginning the meeting, and
they have not refuted them judicially or proceeded to the judicial
or notarial consignment of the owing sum, will be able to
participate in their discussions, although they will not be entitled
for voting. The meeting minutes will show the proprietors who have
been deprived of the vote right, and whose person and participation
quota in the community will not be estimated to effects of reaching
majorities which are required on this Act.
16th Clause
1. The General Proprietors Meeting will meet at least once a year to
approve the budgets and accounts, and other times if the President
consider it convenient or it the fourth part of the proprietors
require it, or a number of them who represent at least a 25 % from
the participation quotas.
2. Meetings calls will made by the President and, in default, the
meeting developers, by informing about the matters to be dealt, the
place, day and time at what it will take place in first or, in its
case, in second call. Notifications should be made the stated way on
article 9th. The citation will include a list of the proprietors who
are not up-to-date in the payment of due debts to the community and
it warn about the deprivation of vote right if assumption on the
article 15.2 happen.
Any proprietor will be able to ask the Proprietors Board to study
and give their opinion about any subject of interest for the
community. He should send a writing for the President to that end,
on which it is clearly specified the required subjects to be dealed
and including them on the following Meeting agenda.
If most of the proprietors who represent, in turn the majority of
participation quotas do not attend the Meeting, in first call, a
second call will be made, this time without quorum liability.
The Board will meet in second call in stated place, day and time
than in the first citation, and it would be possible to meet the
same day if half hour from the previous one has gone by. By default,
it will be summoned again, according to the stated requirements on
this article, within the eight following natural days to the
not-celebrated meeting, the citations being filed if so, with a
minimum of three days notice.
3. The call for the Annual Ordinary Meeting should be made, at
least, at six days notice, and for the extraordinary ones, to be
able to let all the interested people know. The meeting can meet
even without the President's call, provided that all proprietors
attend
17th Clause
The agreements from the Proprietors Meeting will be
subject to the following rules:
1ª. Unanimity will only be possible to be required for the
validity of agreements which imply the approval or modification of
the rules, which are included on the Title Deed of Property in
condominium or on the community statutes.
The establishment or suppression of elevator, porter, front desk,
surveillance, or other common or general interest services, even
when they mean the modification of the Title Deed, or the statutes,
it will require the favourable vote from 3/5 parts of the total of
proprietors who, in turn, represent the 3/5 parts from the
participation quotas. The leases of common elements which have not
been assigned a specific use in the property will require, as well,
the favourable vote from 3/5 parts from the total of the proprietors
who, in turn, represent 3/5 parts from the participation quotas, as
well as the directly affected proprietor's consent, if he existed.
The carrying out of works, or the establishment of new common
services, whose goal is the suppression of architectural barriers
which hinder the access or disabled people's mobility, when they
imply the modification of the Title Deed or statutes, will require
the favourable vote of most of the proprietors who, in turn,
represent most of the participation quotas
For above mentioned purposes, those votes from absent proprietors to
the meeting, properly mentioned, who, once they have been informed
about the agreement adopted by the present ones, and according to
the procedures stated on article 9th, do not declare their
discrepancy to who exercises community secretary functions, in a
thirty natural days term, by any means which allows to have a record
of its reception, will be considered as favourable votes.
The agreements validly adopted according to what has been disposed
on this rule, they oblige all the proprietors.
2ª The installation of common infrastructures for the access to
telecommunication services which are duly regulated on the Royal
Decree-law 1/1998, of February 27th, or the adjusting of the
existent ones, as well as the installation of common or exclusive
systems, to use solar energy, or necessary infrastructures to accede
to new collective energy supplies, will be able disposed, at any
proprietor request, by a third of the members of the community who
represent, in turn, a third of the participation quotas.
The community will not be able to have repercussions either on the
cost of common facilities or common infrastructures adjusting,
neither on those derived from its conservation and later
maintenance, on those proprietors who had not voted expressly for
such maintenance at the Meeting. Nevertheless, if they later
requests the access to services of telecommunications or to
adjustments carried out in the pre-existents, they could be
authorised provided they pay their corresponding amount, properly
up-to-dated by applying the due legal interest.
Without any prejudice of what has been stated previously concerning
conservation expenses and maintenance, the new installed
infrastructure will have the consideration of common element,
according to what is stated on this Act.
3ª the vote of most of the total of the proprietors who, in turn,
represent most of the participation quotas will be enough to make
the other agreements valid.
In second convocation they will be valid the agreements adopted by
most of the attending proprietors, provided that it represents, in
turn, more than half of the value of their participation quotas.
When the majority could not be achieved for the procedures stated on
the previous paragraphs, the Judge, at the request of deduced part
in the following month at the time of the second meeting, and
listening to previously mentioned contradictory parties, he will
decide what proceeds ex aequo et bono in a twenty days term from the
request, making a pronouncement about costs payment.
18th Clause
1. The agreements from the General Meeting will be refutable before
the Courts, in compliance with what is stated on the General
Procedural Act, in the following hypothetical cases:
a) when they are contrary to the Law or to the community statutes of
the community.
b) When they are serious prejudice for community interests, in
benefit of one or several proprietors.
c) When they mean a serious prejudice for any proprietor who has not
legal duty of suffering it or they have been determined with abuse
of law.
2. Proprietors who have saved their vote at the meting, the absent
ones for any reason and those who unduly have been deprived of their
vote will be legitimated for the objection to these agreement. The
proprietor should be up-to-dated about all the payment of due debts
with the community or to proceed previously to the judicial
consignment of the same ones in order to refute the meeting
agreements. This rule will not be applicable for objection to
meeting agreements concerning the setting or alteration of
proprietors participation quotas which have been mentioned on clause
9th.
3. The action will expire three months after the agreement the
meeting agreement has been determined, unless acts are contrary to
the Law or to the Statutes. If so, the action will expire after a
year. For absent proprietors, this term will be computed starting
from the agreement notice, according to the stated procedure on
article 9th.
4. Meeting agreements objection should not cancel its execution,
excepting when the Judge decides it that way, with preventive
character, at claimant application, once the community has heard it.
19th Clause
1. The Proprietors meeting agreements will be written on a minute
book, which should be conducted by the Register of Deeds in the
regulatory disposed way.
2. Minutes from each meeting should express, at least, the following
circumstances:
a) Date and holding place.
b) The author of the call and, in its case, proprietors who have
promoted it.
c) Its ordinary or extraordinary character and the information about
its holding in first or second call.
d) Attendants’ list and their respective positions, as well as
represented proprietors, with indication, in any case, of their
participation quotas.
e) Agenda of the meeting.
f) Determined agreements, with a list of the names from proprietors
who had voted for and against them, as well as participation quotas
which they respectively represent, provided it were relevant for the
validity of the agreement.
3. Minutes will be closed with President's and Secretary signatures
at the end of the meeting or in ten following natural days. From
their closing, agreements will be executive, excepting when law
decides the opposite.
Meeting minute will be send to the proprietors, according the
procedure stated on article 9th.
Minutes defects or mistakes will be rightable whenever it expresses
unequivocally the date and holding place, the attending proprietors,
present or represented, and determined agreements, with indication
of for and against votes, as well as the participation quotas they
respectively hold, and it is signed by the President and the
Secretary. This correction should be made before the following
meeting when the correction will be ratified.
4. The Secretary will keep meeting minute books. He should also keep
calls, notices, powers, and other relevant documents from meetings,
for a five years term.
20th Clause
It corresponds to the Administrator:
a) Looking after the house good condition, their facilities and
services, and making for this purpose the appropriate warnings and
provisions to the Courts.
b) Preparing the expected expenses plan in advance and submit it to
the approval of the proprietors, by proposing the necessary means to
face them.
c) Assisting for the house conservation and entertainment, deciding
repairs and urgent measures, reporting immediately the President
about it, or, in its case, to the proprietors.
d) Executing the determined agreements with regard to building
works, making the payments and collecting due debts.
e) Acting, in its case, as secretary of the Meeting and safekeeping
the community documents at holders’ disposal.
f) All the other conferred attributions by the Meeting Board.
21st Clause
1. Mentioned duties on sections e) and f) from clause 9th
should be accomplished by the house or premises proprietor in the
time and form determined by the Meeting. Otherwise, the President or
the Administrator, if Proprietors Board agrees it this way, will be
able to sue someone judicially through the procedure stated on this
article.
2. The use of this procedure would require the previous
certification from the meeting agreement, and the one who acts as
the Secretary should approve the debt settlement with the community,
under the President approval, provided that such an agreement has
been previously notified to the affected proprietors in the way
stated on clause 9th.
3. Territorial jurisdiction will correspond only to the Judge of the
place where the property is, and the collecting through a lawyer or
barrister is not compulsory, without any prejudice of what has been
stated on the section 10 of this clause.
4. The process will begin with the succinct claim, and the mentioned
certification on the number 2 from this article, will be enclosed.
If the previous holder must be responsible in solidum for the
payment of the debt, and without any prejudice of his right to
repeat against the current proprietor, it will be demanded jointly
with him. Anyway the holder who is registered is the one who should
be the respondent.
5. Once the lawsuit has been presented and given leave to go ahead,
the Judge will call upon the defendant so that, in a twenty days
term , he must pay to the plaintiff, by certifying it either before
the Court or appearing in Court to declare on an opposition writing
the reasons for which he believes he has not to settle the required
amount or part of it. The notification should be made at his home in
Spain, previously designated by the debtor, or by its default, at
his flat or premises, under the official warning that, whether he
does not neither pay nor appear explaining the reasons for it, an
enforcement will be issued against him, according to what is
disposed on the following number.
6. if the defendant does not appear in Court or he does not object
to the demand, the Judge will make an order, on which he will issue
the enforcement, which will proceed according to what is disposed
for judicial decisions, for the owed amount plus expected interests
and costs and previous extrajudicial expenses from the notifications
related to debt liquidation, provided that they have proceeded by
notarial means.
The applicant of this process and the enforced debtor will not be
able to claim subsequently in ordinary proceeding, the required
amount or the refund of the one obtained through execution.
Once the order is remanded and issued, the debt will bear the legal
interest from the increased quantity in two points.
7. If the debtor attended to the payment requirement, as soon as he
settles it, he will deliver the document on which the debt appears
and all procedure records will be shelved.
Nevertheless, he will pay the mentioned costs, which have been
pointed on number 10 from this article and referred expenses on the
previous number.
8. If the debtor objected by alleging reasons, in order to refuse
the whole or part of the payment, the Judge, previous transfer to
the plaintiff of the objecting writing, will proceed to file oral
trial, starting from the moment of the notification for oral trial.
Nevertheless, when objection has been submitted, he could require
general lien for the debtor's goods, which are enough to face
claimed quantity, as well as interests and costs.
The Judge will determine attorney’s lien, in any case, without
needing creditor’s deposit. The debtor will be able to get rid of
lien by standing bank guarantee for decreed lien amount.
9. If the debtor appears in due time and objects partially to the
payment, alleging plusrequirement, the objection will be admitted,
only if he credits to have paid or put at the plaintiff's disposal
the amount he recognises as a debt, before the filing of the claim.
If the objection is bases in pluspetition, general lien could only
be required for the amount, which has not been settled by the
debtor yet.
10. Relapsing order will have the strength of a judged issue.
Costs will be charged to the litigant which has seen completely
underrated their pretences. If the claim were estimated partially,
each part will bear costs caused to his requirement and the common
ones half-and-half. The sentence to pay court costs will include the
Lawyer's fees and those from the Barrister corresponding to the
winning party, if he had required their professional services in the
claim demand or reply.
11. Due quotas could be accumulated during the course of the
process, without implying the proceeding back and after putting the
claim in. Stages which have preceded, are considered as common to
the amplification. This faculty will extend to the phase of the
decision enforcement.
The accumulation of the due debt with the community during the
process, after the presentation of the claim will require its
previous attestation by means of a new certificate from the
approbatory payout agreement, which should be issued in accordance
to what has been disposed on section 2.
12. The appeal against the judgement will not grant an application
if the defendant does not credit, when interposing, to have paid or
consigned the clear amount to what verdict of guilty contracts.
If the verdict condemns him to the payment of clear amounts for
non-fulfilment of terms or due quotas, the appeal will remain void
if during its proceeding the appellant gives up paying or
consigning, in due time, those of the same nature which go expiring.
22nd Clause
1. The community of proprietors will be responsible for its debts to
third parties with all funds and credits to its favour. Subsidiarily
and it foresaw payment requirement to the respective proprietor, the
creditor could go against every proprietor who has taken part at the
due process on his corresponding quota for the unpaid amount.
2. Any proprietor could object to the execution if he certifies that
he is up-to-dated in the payment of due debts with the community as
a whole, when the mentioned appearance in court on previous section
is filed.
If the debtor pays at such appearance time, he will be responsible
for the costs which have been caused till that moment, in the
proportional corresponding part.
23rd Clause
The regime of Property in Condominium lapses:
1. By building destruction, excepting for an agreement of the
opposite. Destroy will be considered when the cost of reconstruction
exceeds 50% of the property value at the time of the catastrophe,
unless the excess of this cost is covered for an insurance.
2. By conversion either in ownership or ordinary co-ownership.
CHAPTER III
About the regime of the private real state
properties.
24th Clause
1. The special regime of property stated on article 396 from the
Civil Code would be applicable to that private real state property
which gather the following requirements:
a) including two or more buildings or independent plots whose main
destination is the house or premises.
b) If holders of these properties, (or houses or premises on those
which are divided horizontally), participate with inherent character
to this right, as an indivisible co-ownership regarding other real
state elements, facilities or services.
2. Private real state properties which have been mentioned on the
previous section will be able to:
a) Be constituted in a single community of proprietors through any
of the stated procedures on the second paragraph on clause 5th. In
this case they will be subjected to this Act dispositions, which
will be entirely of application.
b) Be constituted in a group of proprietors' communities. To such
purpose, the new community Title Deed should be required to be
executed by the unique holder of the property or by the Presidents
of all the called communities to compose it, being previously
authorised by majority agreement by their respective Boards of
Proprietors. The Title Deed will include the description of the real
state property as a whole and its elements, facilities and, common
services. It will also determine the participation quota of each one
of the integrated communities, which will be jointly responsible of
their duty to contribute to the supporting of the communities’ group
general expenses. The Title and statutes of the communities group
will be recordable on the Land Registry.
3. The group of referred communities on the previous section will
enjoy, to all purposes, the same juridical situation than that of
the communities of proprietors and it will be governed by the
dispositions of this Acts, with the following specialities:
a) The Board of Proprietors will be compound, except for a contrary
agreement, by Presidents of the communities integrated in the group,
who will be in charge of the representation of proprietors group
from each community.
b) The adoption of agreements for which law requires qualified
majorities, will demand, in any case, the previous majority securing
from each one of the meetings of communities of proprietors which
integrate the group.
c) Except for a contrary agreement from the Board, what has been
disposed on clause 9th from this Act about reservation funds, will
not be of application to the communities group.
The competence of groups of community government bodies, only
prevails for real state elements, facilities and common services.
Their agreements will not be able to impair, in any case, powers
which correspond to government bodies of the communities of
proprietors integrated in the group of communities.
4. Private real state properties which do not adopt any of the
mentioned legal ways on section 2nd, will be applicable aditionally,
dispositions on this Act with the same stated specialities on the
previous section, concerning agreed pacts among the co-proprietors.
Additional provision.
1. The constitution of the reservation fund regulated on article 9.1
f), without any prejudice to adopted dispositions by Autonomous
Communities in the use of their competencies, will be subject to the
following rules:
a) The fund will be constituted at the moment of being approved the
ordinary community budget by the Board of Proprietors, corresponding
to the following annual exercise after the present disposition
becomes effective.
New communities of proprietors will constitute the reservation fund
when they approve their first ordinary budget.
b) At the moment of their constitution, the fund will be endowed
with not less than 2,5% amount from the ordinary budget of the
community. To such purpose, proprietors will previously make the
necessary contributions according to their respective participation
quotas.
c) When the ordinary budget corresponding the following annual
exercise after that one in which the reservation bottom was first
contributed, the endowment of it will reach the minimum amount
stated on clause 9th.
2. The endowment of the reservation fund will not be less than the
fixed legal minimum, At any time during the budgetary exercise.
Removed quantities from funds during the budgetary exercise in order
to assist maintenance expenses and repairs of the property, which
are allowed by the present Act, will be estimated as integral part
of it, for the figures of its minimum quantity.
Necessary contributions will be made at the beginning of the
following budgetary exercise in order to cover removed quantities
from the reservation fund, according what has been stated on the
previous paragraph.
Unique additional provision
1 Article 396 from the c.c., will be written in the following
terms:
The different flats or premises in a building, or parts of them
liable to independent use for having an exit to a common element
common or to the public road, will be object of separate property,
which have an inherent a co-ownership right on necessary common
elements of the building for their appropriate quiet enjoyment, such
as the floor, foundations, roofs, structural elements, among which
there are the pillars, beams, forgings and main walls; facades, with
external sheatings of terraces, balconies and windows, including
their appearance or configuration, the closing elements which shape
them and their external sheatings; the entrance hall, the stairways,
porch, corridors, passes, walls, moats, patios, wells and the areas
for elevators, tanks, meters, telephonies or to other services or
common facilities, even those which were of exclusive use; elevators
and facilities, pipings and gutters for drainage, for water, gas or
electricity supplies, even those for use of solar energy; those of
sanitary hot water, heating, conditioned air, ventilation or smoke
evacuation; those for fire detection and prevention; those for
entryphone and others for the building safety, as well as those of
collective antennas and other facilities for audio-visual services
or telecommunication, all of them just to the private area entrance;
servitude and any other material or juridical elements which are
indivisible for their nature or destination.
Parts in co-ownership are not liable in case of division and they
will only be able to be transferred, encumbered or confiscated
together with the exclusive part of which they are inseparable
annexes.
In case of alienation of a flat or premises, the owners
of the other ones, just for that power, will not be entitled for
pre-emption.
This type of property is governed by special legal
provisions and, in what they allow, for the will of interested
ones.
2 without damage of the willing one in the previous section,
Introduced modifications on the Civil Code and on the Mortgage Act
for clauses 1 and 2 of Act 49/1960, of July 21, about Property in
Condominium, they remain in force with their actual writing.
Unique transitory provision.
Contained rules on the Act
article 21st from Property in Condominium Act, according to the new
writing conferred to that order by the present Act, will not be
applicable to proceedings which have already started according to
the previous effective legislation. They will go on being issued in
accordance to it until its result.
Final provision.
1. Whatever general provision which is against to what has been
stated on the present Act are abolished. Contained clauses on the
statutes of the communities of proprietors which are against or
incompatible with this Act remain as well without any effect.
2. The statutes of the communities of proprietors will adjust
themselves, in one-year term, to what has been disposed on the
present Act.
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