NEW LAW OF COMMUNITIES
Law 8/2013 , of June 26 , Rehabilitation , Regeneration and Urban Renewal , published in the Official Gazette on 27/06/2013 , great changes in the current Condominium Act , specifically in Articles 2 , 3, 9 , 10 and 17 and Additional Provision , revoking articles 8 , 11 and 12.
The Condominium Act regulates all matters relating to the Communities of owners since the granting of Title Deed establishing or Horizontal Division until the expiry of the condo, since the appointment of the officers of the Community to the calling and holding of the Together, from the majorities required to adopt resolutions on the way to contribute to the common expenses . Some of these aspects have changed significantly , leading him to begin to meet new cone Communities Act to last the full text and current Horizontal Property Act which is included below , item by item , with all amendments and updates .
LAW 49/60 HORIZONTAL PROPERTY ( July 21, 1960 , BOE no. 176 of July 23, 1960 )
Law 2/88 of 23.2.1988 ( BOE 02/27/88 )
Law 3/90 of 21.6.1990 ( BOE 22/06/90 )
Law 10/92 of 04.30.1992 ( BOE 05/05/92 )
Law 1/2000 of 01.07.2000 ( BOE 8/1/2000 )
Law 51/2003 of 2-12-2003 ( BOE 3/12/03 )
Law 19/2009 of 23-11-2009 ( BOE 24/11/09)
Law 26/2011 of 01-08-2011 ( BOE 2/8/11 )
Law 8/2013 of 26.6.2013 ( BOE 06/27/13 )
Law 8/99 of 06.04.1999 ( BOE 08/04/99 )
In Catalonia has, since the July 1, 2006 , Law 5/2006 , of May 10 , the Fifth Book of the Civil Code of Catalonia on rights , and not only to the provisions of Articles 551-553 , both inclusive of this Act , shall continue to apply the provisions of this Condominium Act .
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If in general terms all legal regulation can not be conceived or implemented at the backs of the demands of social reality that is addressed , the more has to be when an institution that deals with such as condominiums, has acquired , especially in recent years, as strong vitality , despite not find more policy support than enough openly represented by Article 396 of the Civil Code . This law aims therefore to follow the social reality of the facts. But not in the simple sense of convert any data obtained from standard practice, but with a broader scope and deep . On the one hand , because of the size of inherent future legal regulation that prevents understood as mere enactment of what happens today and requires the anticipation of what may happen . And on the other hand , because although the starting point and the immediate fate of the rules is to govern human relations , for which care about your suitability for the specific and historical exigencies and contingencies of life , we must not forget either that ultimate purpose , singularly when positive law is conceived in terms of natural law , is to achieve an order of coexistence chaired by the idea of justice , which, as a moral virtue , overlaps both the actual facts as to the determinations of the legislature , which must always be limited and guided by it.
There is a basic social fact in modern times has influenced how the management of urban property. It manifests itself through a constant factor , which is the irrepressible need of buildings, both for the life of the person and the family as fundamental for the development of activities , comprised of trade , industry and , in general , exercise of professions. Along with this factor , which is constant in the sense of being inherent in any system of life and coexistence within an elementary civilization , is offered today , caused by many different determinations , another factor that is manifested in a very charged , and it is represented by the difficulties involved in the acquisition , availability and enjoyment of residential premises . The action of the State has considered and responded to actual circumstances in three areas , although diverse, very directly related : in the field of construction propelling it under indirect measures and even , occasionally, either directly facing the company , in the lease area , through frequently renovated legislation that restricts the autonomous power of the will in order to ensure permanence in the enjoyment of local housing and business in economic conditions subject to audit and review system , and in the area of ??the property, mainly under the call condo, which projects this title to specific areas of the building. The essential reason for the horizontal property regime rests in order to gain access to urban property through capital investment , to be confined to the space and essential elements to meet their own needs , is less abundant and , therefore , more accessible to everyone and the only way to large sections of people. This being so , the horizontal property regime needs to be not only recognized , but also requires that they are encouraged and channeled , giving it a complete and effective management . And even if it is observed that , on the other hand, while existing legislation on urban rents are no more than occasional remedies that resolve the conflict of interest in an imperfect way , since the strengthening of the institution tenancy is achieved property imposing a burden that can hardly cope , whereas combining the measures aimed at increasing the well-organized construction with horizontal property regime , it faces the problem of housing and related to him in a more appropriate that allows stable solutions , and eventually it will lead to the regime itself rentable advantage , which may, without the pressure of a pressing demands , liberalized and usually meet their economic and social function .
The law is , rather than a reform of the current law , management “ex novo ” completely, Property for floors. It is performed by a general law , in the sense of being applicable to the whole country . Article 396 of the Civil Code , as in similar cases , contains the essential of the scheme property and , moreover , is reduced to standard remission. The general character of the law is recommended, especially for the reason that legislative policy derived from the need to serve equally manifested throughout , but also took into account a ratio of legislative technique, as is that the resulting provisions , without going into the game , are sometimes a circumstantial occurrence that exceeds the tone characteristic of a Civil Code .
The condo made ??his breakthrough in the legal as a form of community property . The progressive development of the institution has tended mainly to emphasize that profiles independent from the community. The changes introduced by the law of October 26, 1939 in the text of Article 396 of the Civil Code and was a step forward in this direction , since it recognized the exclusive property or singular flat or premises , leaving the community, as an accessory , limited to what has been called the common elements. The law, which includes the weighting material prepared with care by the Commission and Code – , stepping over , aims to bring the maximum possible individualization of ownership from the point of view of the object. To this end, this object of the relationship , consisting of the flat or premises , joins the property itself , belongings and services. While on the floor ” strict sense ” or space delimited and independent use , use and enjoyment are proprietary , on the ‘ property’ , building , property, and services, abstracting from the particular spaces – such use and enjoyment must naturally be shared , but both pictures, although different in scope, are deemed inseparably also maintain unity on the right of disposal . Based on the same idea is regulated or fee coefficient , which is no longer participating in the above named common elements , but expresses , active and passive , as a module for loads , the proportional value of the floor as soon as he is considered united, in the whole property , which , while physically and legally divided in flats or premises and economically divided in fractions or fees.
In this purpose individualizing should not see a concern much less dogmatic and consecration of an ideology of individualism sign . This is not forgetting the aforementioned and social function this institution , understand that the purpose of simplifying and facilitating horizontal property regime is done so more satisfactorily . With the removal of the system of community of property is , not only consistent , but reassuring the express elimination of pre-emption rights , recognized , with certain peculiarities in the hitherto existing wording of the Article 396. Now, even in this case was that one technical consideration that has guided the law. Have exercised decisive influence both the remarkable experience that has now become almost standard clause excluding such rights as the thought of not being pursued here a concentration of ownership of the flats or premises , but, on the contrary, their wider dissemination.
Of particular study was regarding the constitution of the horizontal property regime and the determination of the set of rights and duties within it. So far , and this has a historical justification , this matter has been given almost wholly, in the absence of legislation , private autonomy reflected in the Statutes. These often were not the result of free choices reciprocal of the contractors, but ordinarily the dictated , subject to certain types generalized by practice, the promoter of the construction company , limiting its commitment to provide people who entered the condo regime . The law provides for a regulation on the one hand , it is enough by itself – with the exceptions left to the private initiative to constitute , in essence , the legal system and rule chairing this kind of relationship , and on the other hand, admits that , by an act of will , as specified , complete and to modify certain rights and duties , provided they do not contravene the rules of law must clearly deductible same terms of the law. Hence the formulation of laws not be essential , but can they fulfill the function of developing the legal management and adapt it to the specific circumstances of the various cases and situations.
The system of rights and duties within structured condo appears because of the interests at stake .
The rights of enjoyment tend to attribute the owner the best chance of use , with the boundary represented by the concurrence of both the equal rights of others class as the general interest , which is embodied in building conservation and the livelihoods horizontal property regime , which requires a physical and objective . Therefore, closely linked to the rights of enjoyment are the duties of a similar nature . We have tried to set them up with approaches inspired neighborhood relations , trying to dictate some rules to ensure that the exercise of one’s right does not result in prejudice to the alien or to the detriment of the whole, so let laid the foundations of a normal coexistence and peaceful .
In addition to regulating the rights and duties for the enjoyment, the law deals with those that relate to economic disbursements to be jointly address holders , either derived from the facilities and services of a general nature , or by form charges or taxes that affect the entire building . The basic criteria taken into account in determining the contribution of each in the disbursement to be made is that expressed quota or coefficient assigned to the flat or premises , being careful not mean that the use of spending generator service does not remove the obligation.
One of the most important new law contains is to energize as much as possible the binding force of the duties imposed on the holders as well as regards the enjoyment of the apartment, as it regards the payment of expenses. By applying the general rules in force regarding the breach of the obligations generated action to be judicially enforced , either specifically , that is , imposing through coercion which has not been observed voluntarily , or either pursuant to any claim . But this standard sanction of failure may not be sufficiently effective in cases such as considered here, and this for several reasons: one is that the breach of duty brings deeply disturbing implications for large groups of people , whereas operation difficult horizontal property regime , another reason is that , with regard to the duties of enjoyment, judicial imposition of specific performance is virtually impossible for the negative nature of the obligation and the compensation does not cover the intended purpose of harmonizing coexistence. So it provides for judicial deprivation of the enjoyment of the flat or premises when circumstances exhaustively identified , and moreover ensures the contribution to common expenses with actual involvement apartment or premises to pay this credit considered preferential .
The concurrence of a group of people in the ownership of rights , without prejudice to its substantial individualization fractions fall on the same building and lead to interdependencies that affect the respective holders , has become indispensable in the practice setting of management and administrative bodies . The law, which at all times wanted to show open to the lessons of experience, has had particularly in mind in this matter. And the result of it , as well as the careful balancing of the various problems , has been relying usually the proper functioning of the horizontal property regime to three bodies : the Board, the Chairman thereof and the Administrator . The Board , composed of all the headlines, has the duties expected of a collective governing body has a mandatory meeting once a year , and for the adoption of valid agreements require , as a rule , the affirmative vote of both the numerical majority the personal or economic terms , unless the importance of the matter requiring unanimity, or when , on the contrary by the relative importance of the former, and that the mere passivity of the owners do not obstruct the operation of the institution , be enough simple majority of those present. The office of President, to be elected from within the Board , implies the representation of all the headlines in court and out of it , which solved the delicate problem of legitimacy that has been occurring . And finally , the Administrator, to be appointed by the Board and is removable , whether or not a member, you must always act in reliance thereon , subject in any case meet the obligations that are imposed directly .
Moreover it has been given some flexibility so that the number of these people responsible for the representation and management is higher or lower depending on the importance and necessity of community.
Finally , it should be noted that the economy of the established system has interesting implications as it affects the Land Registry and requires a short mortgage reform legislation . It is party, in the interests of clarity , convenience of adding two paragraphs to article eight of the current Mortgage Law , the fourth and fifth , that sanction , in principle, the possibility of registration of the building as a whole, under horizontal property regime , while the floor or local independent property with own registration folio .
The number of that article eighth fourth hypothesis expected normal constitution of horizontal property regime , ie the construction of a building by an owner who intended precisely to the sale of flats, and the case , less frequent that several building owners try to get out of the undivided by mutual agreement, or build a building with the intention of distributing it , ” ab initio ” among themselves , becoming unique apartment owners or separate fractions . Exceptionally, with the same purpose of simplifying the seats, is allowed to enroll both the particular allocation of repeated apartments on behalf of their respective holders , provided that request them.
And the fifth number of the same item to create folio eighth autonomous and independent of every unit when specified previously registered the property and the constitution of horizontal property regime .
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