<center>Law 49/1960, of 21 July, on horizontal property
Exposure of Motives
If in general terms all juridical ordination can not conceive neither establish to backs of the requirements of the social reality to that goes allocated, so much more has to be like this when *versa on an institution that like the horizontal property, has purchased, especially in the last years, so *pujante vitality, in spite of not finding more normative support that the openly insufficient represented by the article 396 of the Civil Code .The present Law pretends, then , follow the social reality of the facts. But no in the simple sense to turn into norm any data obtained of the practice, but with a more wide and deep scope. Of a side, owing to the dimension of inherent future to the juridical ordination, that prevents to understand it like mere sanction of what today becomes and obliges to the forecast of what can become. And of another side, because although the starting point and the immediate fate of the norms is to govern the human relations, for which imports a lot his *adecuación to the concrete and historical requirements and contingencies of the life, does not be necessary to forget neither that his purpose last, uniquely when it conceives the positive Right in function of the natural Right, is to attain an order of *convivencia chaired by the idea of the justice, which, like moral virtue *sobrepone so much to the reality of the facts as to the determinations of the legislator, that always have to find limited and oriented by her.
There is a basic social fact that in the modern times has influenced on way in the ordination of the urban property. Self-evident through a constant factor, *cual is the *insuprimible need of the *edificaciones, so much for the life of the person and the family as for the development of fundamental activities, constituted by the trade, the industry and, in general, the exercise of the professions, beside this factor, that is constant in the sense to be *connatural to all system of life and of *convivencia inside an elementary civilisation, offers today, caused by very diverse determinations, another factor that *exterioriza in terms very accused, and is the represented by the difficulties that comports the acquisition, the availability and the enjoy of the usual venues. The action of State has considered and attended to this real situation in three spheres, although diverse, very directly related: in the sphere of the construction promoting it to virtue of indirect measures and even, in occasions, facing of direct way the company, in the sphere of the lease, through a frequently renewed legislation, that restricts the autonomous power of the will with the end to ensure a permanence in the enjoy of the houses and the venues of business in economic conditions subjected to a system of intervention and review, and in the sphere of the property, to virtue mainly of the called horizontal property, that projects this titularity on determinate spaces of the *edificación. The essential reason to be of the regime of the horizontal property rests in the purpose to attain the access to the urban property by means of an investment of capital that, when remaining circumscribed to the space and indispensable elements to attend to the own needs, is less *cuantiosa and, by the same, more affordable to all and the only possible for big sectors of people. Being this like this, the regime of the horizontal property no only precise be recognised, but besides it requires that it encourage him and pipe, endowing him of a complete and effective ordination. And more still if it observes that, on the other hand, while the valid legislative disposals in matter of urban leases do not spend to be occasional remedies, that resolve the conflict of interests of an imperfect way, since the strengthening of the institution *arrendaticia achieves imposing to the property a load that hardly can *sobrellevar instead, *conjugando the measures directed to the increase of the construction with a very organised regime of the horizontal property, faces the problem of the house and the *conexos to him in a more suitable plan, that allows stable solutions and this in the long run *redundará in advantage of the own regime *arrendaticio, that will be able to, without the pressure of some requirements *acuciantes, liberalise and fulfil usually his economic function-social.
The Law represents, more than a reform of the valid legality, the ex ordination *novo , of complete way, of the property by floors. It carries out by means of a Law of general character, in the sense to be of application to all the national territory. The article 396 of the Civil Code , as it occurs in analogous suppositions, collects the essential notes of this regime of property and, by the other, remains reduced to norm of reference. The general character of the Law comes advised, especially, by the reason of derivative legislative politics that the need to that serves self-evident by the same in all territory; but also it has taken into account a reason of legislative technician, as it is the one of that the disposals in that it translates , without descending to the statutory, are sometimes of a *circunstanciada concretion that exceeds of the tonic own of a Civil Code.
The horizontal property did his irruption in the juridical arrangings like a modality of the community of sakes. The progressive development of the institution has tended mainly to underline the profiles that the *independizan of the community.
The modification that entered the Law of 26 October 1939 in the text of the article 396 of the Civil Code already meant an advance in this sense, all time that recognised the property *privativa or singular of the floor or local, remaining the community, like *accesoria, circumscribed to what has come calling common elements. The Law that collects the poised material with weighting and care by the Commission of Codes, stepping more pretends to spend to the possible maximum the individualisation of the property from the point of view of the object.
To such end, to this object of the relation, constituted by the floor or local, incorporates the own real estate, his belongings and services. While on the floor *stricto *sensu , or space delimited and of *aprovechamiento independent, the use and enjoy are *privativos, on the real estate, *edificación, belongings and services -abstraction done of the particular spaces- such use and enjoy have to be, of course, shared; but ones and other rights, although distinct in his scope, *reputan *inseparablemente joined, unit that also maintains concerning the faculty of disposal. With base in the same idea regulates the coefficient or quota, that is not already the participation in the previously designated common elements, but it expresses, active and also *pasivamente, like module for loads, the proportional value of the floor and to what he considers joined in the set of the real estate, which, at the same time that it divides physical and *jurídicamente in floors or venues divides like this economically in fractions or quotas.
In this purpose *individualizador does not be necessary to see a dogmatic worry and much less the consecration of an ideology of sign *individualista. It treats that not forgetting the already alluded social function that fulfils this institution, fits to understand that the *designio to simplify and facilitate the regime of the horizontal property makes like this of way more satisfactory. With the *alejamiento of the system of the community of sakes results no longer only congruent, but *tranquilizadora expresses it elimination of the rights of score and *retracto, recognised, with some peculiarities, in the up to now valid editorial of the mentioned article 396. Now well: neither in this case it has been this alone technical consideration the one who has guided the Law. Decisive *influjo have exerted so much the notorious experience that at present it has done almost clause of style the exclusion of such rights like the thought that it does not pursue here a concentration of the property of the floors or local, but, by the contrary, his wider diffusion.
Motive of special studio has been the concerning the constitution of the regime of the horizontal property and to the determination of the set of duties and rights that integrate it. Up to now, and this has a historical justification this matter has been handed almost of total way, in defect of legal norms, to the private autonomy reflected in the Statutes. These, frequently, were not fruit of the free reciprocal determinations of the *contratantes, but, of ordinary, dictated them, with subjection to some types generalised by the practice, the promoter of the company of construction, limiting to loan his adhesion the people that *ingresaban in the regime of the horizontal property.
The Law offers a regulation that, on the one hand is insufficient by himself -with the exceptions left to the private enterprise- to constitute, in the essential, the juridical system that chair and govern this class of relations, and, on the other hand, admits that, by work of the will, specify , complete and until modify some rights and duties, whenever they do not contravene the norms of necessary right, clearly deductible of the same terms of the Law. From here that the formulation of Statutes will not result indispensable, although they will be able to these fulfil the function to develop the legal ordination and adapt it to the concrete circumstances of the diverse cases and situations.
The system of rights and duties in the heart of the horizontal property appears structured in reason of the interests at stake.
The rights of enjoy tend to attribute when titling the maximum possibilities of utilisation, with the limit represented so much by the concurrence of the rights of equal class of the other what by the general interest, that embodies in the conservation of the edifice and in the subsistence of the regime of horizontal property, that requires a material and objective base. By the same intimately joined to the rights of enjoy appear the duties of equal nature. It has treated to configure them with inspired by criteria the relations of *vecindad, procuring dictate some norms headed to ensure that the exercise of the own right do not translate in damage of the extraneous neither to the detriment of the set, for like this leave established the bases of *convivencia normal and peaceful.
In addition to regulating the rights and corresponding duties to the enjoy, the Law occupies of those others that refer to the economic outlays to that they have to attend jointly the headlines, well for deriving of the installations and services of general character, or for constituting loads or tributes that affect to the whole of the edifice. The basic criterion taken into account to determine the participation of each one in the outlay to make is the expressed quota or coefficient assigned to the floor or local, taking care to mean that the no utilisation of the service generator of the cost does not exempt of the corresponding obligation.
One of the most important novelties that contains the Law is the one of *vigorizar in all the possible the force *vinculante of the duties imposed to the headlines, like this by what concerns to the enjoy of the apartment, what by what refers to the credit of costs. By means of the application of the valid general norms in the matter, the *incumplimiento of the obligations generates the action headed to demand *judicialmente his fulfillment, well of specific way, this is, imposing through the *coacción what voluntarily has not observed , or in virtue of the pertinent compensation. But this normal sanction of the *incumplimiento can not resulting sufficiently effective in cases like the here considered, and this by diverse reasons: one is the one of that the *inobservancia of the have to brings repercussions extremely *perturbadoras for extensive groups of people, to the step that hampers the operation of the regime of horizontal property; another reason is the one of that, regarding the duties of enjoy, the *imposición judicial of the specific fulfillment is practically impossible by the negative character of the obligation, and the compensation does not cover the purpose that pursues to harmonise the *convivencia. Therefore it foresees the possibility of the judicial deprivation of the enjoy of the floor or local when *concurran circumstances *taxativamente distinguished, and on the other hand ensures the contribution to the common costs with a real affectation of the floor or venue to the payment of this credit considered preferential.
The concurrence of a collectivity of people in the titularity of rights that, without prejudice to his substantial individualisation, *recaen on fractions of a same edifice and give place to relations of *interdependencia that affect to the respective headlines has done indispensable in the practice the creation of organs of management and administration. The Law, that at all times has wanted to show opened to the educations of the experience, has had it very especially in account in this matter. And fruit of her, as well as of the detained weighting of the diverse problems, has been to trust usually to the suitable operation of the regime of horizontal property to three organs: the Joint, the President of the same and the Administrator. The Joint, composed of all the headlines, has the committed own of an organ collective rector, has to gather preceptively once a year, and for the adoption of valid agreements requires , by general rule, the favourable vote so much of the numerical or personal majority what of the economic, except when the transcendence of the matter require the unanimity, or when by the contrary, by the relative importance of that, and so that the simple passivity of the owners no *entorpezca the operation of the institution, was sufficient the simple majority of the assistants. The charge of President, that has to be chosen of the heart of the Joint, spends implicit the representation of all the headlines in trial and out of him, with what resolves the delicate problem of *legitimación that has come producing. And, finally, the Administrator, that has to be designated by the Joint and is *amovible, was or no member of her, has to act always in dependency of the same, without prejudice to fulfil anyway the obligations that directly impose him .
On the other hand it has given to this one some flexibility so that the number of these people commissioned of the representation and management was main or minor according to the importance and need of the collectivity.
Finally, it has to signal that the economy of the system established has interesting repercussions in what it affects to the Register of the Property and demands a brief reform in the legislation *hipotecaria. It has split , in an eagerness of clarity, of the suitability to add two paragraphs to the article 8 of the valid Law *Hipotecaria, the chamber and the fifth, that sanction, in principle, the possibility of the registration of the edifice in his set, subjected to the regime of horizontal property, and at the same time the one of the floor or venue like *finca independent, with folio *registral own.
The number fourth of the mentioned article 8 foresees the normal hypothesis of constitution of the regime of horizontal property, that is to say, the construction of an edifice by a headline that allocate it precisely to the alienation of floors and the case, less frequent, that several owners of an edifice treat to exit of the *indivisión with one accord, or build an edifice with spirit to distribute it, *ab *initio, among them same, transforming in singular owners of apartment or independent fractions. To exceptional title, and with the same purpose to simplify the seats, allows inscribe at the same time the concrete adjudication of the repeated apartments in favour of his respective headlines, whenever like this they request it all they.
And the number fifth of the same article 8 allows to create the autonomous and independent folio of each floor or local, whenever they state previously inscribed the real estate and the constitution of the regime of horizontal property.
In his virtue, and of compliance with the proposal elaborated by the Spanish Courts, have:
Chapter I. General disposals
Article 1
The present Law has by object the regulation of the special form of property established in the article 396 of the Civil Code , that designates horizontal property.
To effects of this Law will have also the consideration of venues those parts of an edifice that are susceptible of *aprovechamiento independent for having start to a common element of that or to the public road.
Article 2
This Law will be of application:
to) To the communities of owners constituted with arrangement to the had in the article 5.
*b) To the communities that gather the requirements established in the article 396 of the Civil Code and had not awarded the constitutive title of the horizontal property.
These communities will govern , anyway, by the disposals of this Law regarding the juridical regime of the property, of his parts *privativas and common elements, as well as regarding the rights and reciprocal obligations of the *comuneros.
*c) To the private real-estate complexes, in the terms established in this Law.
*d) To the *subcomunidades, understanding by such those that result when, in accordance with the had in the constitutive title, several owners have, in regime of community, for his use and enjoy exclusive, of determinate elements or common services endowed of unit and functional or economic independence.
And) To the entities *urbanísticas of conservation in the cases in that like this they have it his statutes.
Article 3
In the regime of property established in the article 396 of the Civil Code corresponds to each floor or local:
to) The singular and exclusive right of property on a sufficiently delimited space and susceptible of *aprovechamiento independent, with the architectural elements and installations of all classes, apparent or no, that are comprised inside his limits and serve exclusively to the owner, as well as the one of the *anejos that on purpose have been signalled in the title, although they find situated out of the space delimited.
*b) The *copropiedad, with the other owners of floors or local, of the remaining elements, belongings and common services.
To each floor or venue will attribute a quota of participation in regard to the total of the value of the real estate and referred to hundredth of the same. Said quota will serve of module to determine the participation in the loads and profits by reason of the community. The improvements or damages of each floor or venue will not alter the quota attributed, that only will be able to vary in accordance with the established in the articles 10 and 17 of this Law.
Each owner can freely have of his right, without being able to separate the elements that integrate it and without that the transmission of the enjoy affect to the derivative obligations of this regime of property.
Article 4
The action of division will not proceed to do cease the situation that regulates this Law. Only it will be able to exercise by each owner *proindiviso on a floor or determinate venue, circumscribed to the same, and whenever the *proindivisión have not been established of attempt for the service or common utility of all the owners.
Article 5
The constitutive title of the property by floors or local will describe, in addition to the real estate in his set, each one of those to the that assigned correlated number. The description of the real estate will have to express the circumstances demanded in the legislation *hipotecaria, and the services and installations with that it count the same. The one of each floor or local will express his extension, *linderos, plant in which it found and the *anejos, such like garage, attic or basement.
In the same title will fix the quota of participation that corresponds to each floor or local, determined by the only owner of the edifice when initiating his sale by floors, by agreement of all the existent owners, by decision or judicial resolution. For his fixation will take like base the useful surface of each floor or venue in relation with the total of the real estate, his *emplazamiento inner or external, his situation and the use that boast *racionalmente that goes to effect of the services or common elements.
The title will be able to contain, besides, rules of constitution and exercise of the right and disposals no forbidden by the Law with a view to the use or fate of the edifice, his different floors or local, installations and services, costs, administration and government, insurances, conservation and reparations, forming a statute *privativo that will not prejudice to third if it has not been inscribed in the Register of the Property.
In any modification of the title, and to except what has on validity of agreements, will observe the same requirements that for the constitution.
Article 6
To regulate the details of the *convivencia and the suitable utilisation of the services and common things, and inside the limits established by the Law and the statutes, the set of owners will be able to fix norms of inner regime that will oblige also to all headline while they are not modified in the planned form to take agreements on the administration.
Article 7
1. The owner of each floor or venue will be able to modify the architectural elements, installations or services of that when it do not lessen or alter the security of the edifice, his general structure, his configuration or external state, or prejudice the rights of another owner, having to @darse of such works previously to the one who represent to the community.
In the rest of the real estate will not be able to make alteration some and if it warned the need of urgent reparations will have to communicate it without delay to the administrator.
2. To the owner and to the occupant of the floor or venue is not them allowed develop in him or in the rest of the real estate activities forbidden in the statutes, that result *dañosas for the *finca or that contravene the general disposals on annoying activities, *insalubres, harmful, dangerous or illicit.
The president of the community, to own initiative or of any one of the owners or occupants, will require to the one who make the activities forbidden by this section the immediate *cesación of the same, under prevention to initiate the pertinent legal actions.
If the offender persisted in his behaviour the president, previous permission of the Joint of owners, properly summoned to the effect, will be able to board against him action of *cesación that, in the no foreseen on purpose by this article, *substanciará by the norms that regulate the ordinary trial.
Presented the demand, accompanied of the accreditation of the irrefutable request to the offender and of the certification of the agreement adopted by the Joint of owners, the Judge will be able to agree with character *cautelar the *cesación immediate of the activity forbidden, under prevention to incur in crime of disobedience. It will be able to adopt likewise those that measures *cautelares went precise to ensure the effectiveness of the order of *cesación. The demand will have to direct against the owner and, in his case, against the occupant of the house or local.
If the sentence was *estimatoria will be able to have, in addition to the *cesación definite of the activity forbidden and the compensation of harms and damages that proceed, the deprivation of the right to the use of the house or venue by time no upper to three years, in function of the gravity of the infringement and of the damages *ocasionados to the community. If the offender did not go the owner, the sentence will be able to declare extinguished definitively all his relative rights to the house or local, as well as his immediate launching.
Article 8 (Derogated)
Derogated
The floors or local and his *anejos will be able to be object of material division, to form other more reduced and independent, and augmented by aggregation of other *colindantes of the same edifice, or diminished by segregation of some part.
In such cases will require , in addition to the consent of the headlines affected, the approval of the joint of owners, to which *incumbe the fixation of the new quotas of participation for the floors reformed with subjection to the had in the article fifth, without alteration of the quotas of the remaining.
Article 9
1. They are obligations of each owner:
to. Respect the general installations of the community and other common elements, already are of general use or *privativo of any one of the owners, are or no included in his floor or local, doing a suitable use of the same and averting at all times that they cause harms or flaws.
*b. Maintain in good condition of conservation his own floor or local and installations *privativas, in terms that do not prejudice to the community or to the others proprietary, *resarciendo the harms that *ocasione by his oversight or the one of the people by those who have to answer.
*c) Consent in his house or local the reparations that demand the service of the real estate and allow in him the indispensable servitudes required for the realisation of works, performances or the creation of common services carried out or agreed according to the established in the present Law, having right to that the community him *resarza of the harms and damages *ocasionados.
*d. Allow the entrance in his floor or venue to the effects warned in the three anterior sections.
And) Contribute, with arrangement to the quota of participation fixed in the title or to the especially established, to the general costs for the suitable *sostenimiento of the real estate, his services, loads and responsibilities that are not susceptible of individualisation.
The credits in favour of the community derived of the obligation to contribute to the *sostenimiento of the corresponding general costs to the imputable quotas to the defeated part of the *anualidad in course and the three anterior years have the condition of preferential to effects of the article 1923 of the Civil Code and precede, for his satisfaction, to the quoted in the numbers 3rd, 4th and 5th of said precept, without prejudice to the preference established in favour of the credits *salariales in the text *refundido of the Law of the Statute of the Workers , approved by the Legislative Royal decree 1/1995, of 24 March .
The *adquirente of a house or venue in regime of horizontal property, even with title inscribed in the Register of the Property, answers with the own real estate purchased of the quantities owed to the community of owners for the *sostenimiento of the general costs by the anterior headlines until the limit of which result imputable to the defeated part of the *anualidad in which it take place the acquisition and to the three natural years anterior. The floor or local will be legally affection to the fulfillment of this obligation.
In the public instrument by means of which transmit , by any title, the house or local the *transmitente, will have to declare find to the common in the payment of the general costs of the community of owners or express those that owe. The *transmitente will have to contribute in this moment certification on the state of debts with the coincident community with his statement, without which will not be able to authorise the *otorgamiento of the public document, except that it went on purpose exonerated of this obligation by the *adquirente. The certification will be issued in the time limit of seven natural days from his application by the one who exert the functions of secretary, with the seen well of the president, those who will answer, in case of fault or negligence, of the accuracy of the data consigned in the same and of the damages caused by the delay in his emission.
*f) Contribute, with arrangement to his respective quota of participation, to the endowment of the fund of reservation that will exist in the community of owners to attend the works of conservation and reparation of the *finca and, in his case, for the works of rehabilitation.
The fund of reservation, whose titularity corresponds to all the effects to the community, will be endowed with a quantity that in no case will be able to be inferior to the 5 percent of his last ordinary estimate.
With charge at the end of reservation the community will be able to subscribe an agreement of sure that cover the harms caused in the *finca or conclude an agreement of permanent maintenance of the real estate and his general installations.
G. Observe the diligence owed in the use of the real estate and in his relations with the other headlines and answer in front of these of the infringements committed and of the harms caused.
*h. Communicate to the one who exert the functions of secretary of the community, by any half that allow to have proof of his reception, the domicile in Spain to effects of *citaciones and notifications of all type related with the community. In defect of this communication will have by domicile for *citaciones and notifications the floor or pertaining venue to the community, *surtiendo full juridical effects the handed to the occupant of the same.
If tried a *citación or notification to the owner was impossible to practise it in the place warned in the anterior paragraph, will understand made by means of the placing of the corresponding communication in the bulletin board of the community, or in visible place of general use enabled to the effect, with expressive diligence of the date and motives by which proceeds to this form of notification, signed by the one who exert the functions of secretary of the community, with the seen well of the president. The notification practised of this form will produce full juridical effects in the term of three natural days.
*i. Communicate to the one who exert the functions of secretary of the community, by any half that allow to have proof of his reception, the change of titularity of the house or local.
The one who broke this obligation will follow answering of the debts with the community *devengadas subsequently to the transmission of form *solidaria with the new headline, without damage of the right of that, to repeat on this.
The had in the anterior paragraph will not be of application when, any one of the organs of government established in the article 13 have had knowledge of the change of titularity of the house or venue by any another half or by conclusive acts of the new owner, or when said transmission result notorious.
2. For the application of the rules of the anterior section *reputarán general the costs that are not imputable to one or several floors or local, without that the no utilisation of a service exempt of the fulfillment of the corresponding obligations, without prejudice to the established in the article 17.4.
Article 10
1. Will have compulsory character and will not require of previous agreement of the Joint of owners, involve or no modification of the constitutive title or of the statutes, and avenge imposed by the Public Administrations or requested to instance of the owners, the following performances:
to) The works and the works that result necessary for the suitable maintenance and fulfillment of the duty of conservation of the real estate and of his services and common installations, including anyway, the necessary to satisfy the basic requirements of security, habitability and universal accessibility, as well as the conditions of *ornato and any one other derivatives of the *imposición, by the Administration, of the legal duty of conservation.
*b) The works and performances that result necessary to guarantee adjust them reasonable in matter of universal accessibility and, anyway, the required to instance of the owners in whose house or local live, work or loan voluntary services, people with disability, or main of seventy years, with the object to ensure them a suitable use to his needs of the common elements, as well as the installation of ramps, elevators or other mechanical and electronic devices that favour the orientation or his communication with the outside, whenever the amount *repercutido annually of the same, once discounted the subventions or public helps, do not exceed of twelve *mensualidades ordinary of common costs. It will not delete the compulsory character of these works the fact that the rest of his cost, further of the quoted *mensualidades, was assumed by those who have required them.
*c) The occupation of common elements of the edifice or of the real-estate complex deprived during the time that last the works to which refer the anterior letters.
*d) The construction of new plants and any another alteration of the structure or factory of the edifice or of the common things, as well as the constitution of a real-estate complex, as it foresees the article 17.4 of the text *refundido of the Law of Suelo , approved by the Legislative Royal decree 2/2008, of 20 June , that result prescriptive to consequence of the inclusion of the real estate in a field of performance of rehabilitation or of regeneration and urban renewal.
And) The acts of material division of floors or local and his *anejos to form other more reduced and independent, the increase of his surface by aggregation of other *colindantes of the same edifice, or his decrease by segregation of some part, made by will and to instance of his owners, when such performances are possible to consequence of the inclusion of the real estate in a field of performance of rehabilitation or of regeneration and urban renewal.
2. Taking into account the character of necessary or compulsory of the performances referred in the letters to) to *d) of the anterior section, will proceed the following:
to) they will be paid by the owners of the corresponding community or grouping of communities, limiting the agreement of the Joint to the distribution of spills it pertinent and to the determination of the terms of his credit.
*b) The owners that *opongan or *demoren *injustificadamente the execution of the orders dictated by the competent authority will answer individually of the sanctions that can impose in administrative road.
*c) The floors or local will remain affections to the payment of the costs derived of the realisation of said works or performances in the same terms and conditions that the established in the article 9 for the general costs.
3. They will require administrative permission, anyway:
to) The constitution and modification of the real-estate complex to that refers the article 17.6 of the text *refundido of the Law of Suelo , approved by the Legislative Royal decree 2/2008, of 20 June , in his same terms.
*b) When like this it have requested , previous approval by the three fifth parts of the total of the owners that, to his time, represent the three fifth parts of the quotas of participation, the material division of the floors or local and his *anejos, to form other more reduced and independent; the increase of his surface by aggregation of other *colindantes of the same edifice or his decrease by segregation of some part; the construction of new plants and any another alteration of the structure or factory of the edifice, including the closing of the terraces and the modification of the *envolvente to improve the energetic efficiency, or of the common things, when *concurran the requirements to that alludes the article 17.6 of the text *refundido of the Law of Suelo , approved by the Legislative Royal decree 2/2008, of 20 June .
In these suppositions will have to state the consent of the headlines affected and will correspond to the Joint of Owners, of common agreement with those, and by a majority of three fifth parts of the total of the owners, the determination of the compensation by harms and damages that correspond. The fixation of the new quotas of participation, as well as the determination of the nature of the works that go to make, in case of discrepancy on the same, will require the adoption of the timely agreement of the Joint of Owners, by identical majority. In this regard they also will be able to the interested request arbitrage or *dictamen technical in the terms established in the Law.
Article 11 (Derogated)
Derogated
1. Any owner will be able to demand new installations, services or improvements no required for the suitable conservation, habitability, security and accessibility of the real estate, according to his nature and characteristic.
2. When they adopt *válidamente agreements to make innovations no exigible to tenor of the anterior section and whose quota of installation exceed of the amount of three *mensualidades ordinary of common costs, the dissident will not result obliged, neither will modify his quota, even in the case that it can not deprive him of the improvement or advantage.
If the dissident wishes, in any time, participate of the advantages of the innovation, will have to credit his quota in the costs of realisation and maintenance, properly updated by means of the application of the corresponding legal interest.
3. When they adopt *válidamente agreements for the realisation of works of accessibility, the community will remain obliged to the payment of the costs, although his amount exceed of twelve *mensualidades ordinary of common costs.
4. The innovations that do *inservible some part of the edifice for the use and enjoy of an owner will require, anyway, the consent express of this.
5. You spill them for the payment of improvements made or for making in the real estate will be to charge of the one who was proprietary in the moment of the *exigibilidad of the quantities affect to the payment of said improvements.
Article 12 (Derogated)
Derogated
The construction of new plants and any another alteration of the structure or factory of the edifice or of the common things affect to the constitutive title and have to subject to the regime established for the modifications of the same. The agreement that adopt will fix the nature of the modification, the alterations that originate in the description of the *finca and of the floors or local, the variation of quotas and the headline or headlines of the new venues or floors.
Article 13
1. The organs of government of the community are the following:
to. The Joint of owners.
*b. The president and, in his case, the vice-presidents.
*c. The secretary.
*d. The administrator.
In the statutes, or by majority agreement of the Joint of owners, will be able to establish other organs of government of the community, without that this can suppose damage any of the functions and responsibilities in front of third that this Law attributes to the anterior.
2. The president will be appointed, among the owners, by means of election or, *subsidiariamente, by means of rotatory turn or draw. The nomination will be compulsory, although the owner designated will be able to request his relief to the judge inside the following month to his access to the charge, invoking the reasons that assist him for this. The judge, through the procedure established in the article 17.7.ª, it will resolve flatly the pertinent, designating in the same resolution to the owner that had to substitute, in his case, to the president in the charge until it proceed to new designation in the term that determine in the judicial resolution.
Equally it will be able to attend to the judge when, by any cause, went impossible for the Joint designate president of the community.
3. The president will have legally the representation of the community, in trial and out of the, in all the subjects that affect it.
4. The existence of vice-presidents will be *facultativa. His nomination will make by the same procedure that the established for the designation of the president.
It corresponds to the vice-president, or to the vice-presidents by his order, substitute to the president in the cases of absence, vacancy or impossibility of this, as well as assist it in the exercise of his functions in the terms that establish the Joint of owners.
5. The functions of the secretary and of the administrator will be exerted by the president of the community, except that the statutes or the Joint of owners by majority agreement, have the provision of said charges separately of the presidency.
6. The charges of secretary and administrator will be able to accrue in a same person or appoint independently.
The charge of administrator and, in his case, the one of secretary and administrator will be able to be exerted by any owner, as well as by physical people with sufficient professional qualification and legally recognised to exert said functions. Also it will be able to *recaer in corporations and other legal persons in the terms established in the juridical arranging.
7. Except that the statutes of the community have the contrary, the nomination of the organs of government will do by the term of a year.
The designated will be able to be stirred up of his charge before the expiration of the mandate by agreement of the Joint of owners, summoned in extraordinary session.
8. When the number of owners of houses or venues in an edifice do not exceed of four will be able to receive to the regime of administration of the article 398 of the Civil Code , if on purpose they establish it the statutes.
Article 14
Corresponds to the Joint of owners:
to) Appoint and stir up to the people that exert the charges mentioned in the anterior article and resolve the claims that the headlines of the floors or local formulate against the performance of those.
*b) Approve the plan of costs and predictable income and the corresponding accounts.
*c) Approve the estimates and the execution of all the works of reparation of the *finca, are ordinary or extraordinary, and be informed of the urgent measures adopted by the administrator of compliance with the had in the article 20.*c).
*d) Approve or reform the statutes and determine the norms of inner regime.
And) Know and decide in the other subjects of general interest for the community, agreeing the necessary or convenient measures for the best common service.
Article 15
1. The assistance to the Joint of owners will be personal or by legal or voluntary representation, sufficing to accredit this a writing signed by the owner.
If some floor or local belonged *pro *indiviso to different owners these will appoint a representative to assist and vote in the joints.
If the house or venue found in usufruct, the assistance and the vote will correspond to the proprietary knot, the one who, except manifestation in contrary, will understand represented by the *usufructuario, having to be expresses the delegation when it treat of the agreements to that refers the first rule of the article 17 or of extraordinary works and of improvement.
2. The owners that in the moment to initiate the joint did not find to the common in the payment of all the defeated debts with the community and had not impugned *judicialmente the same or proceeded to the *consignación judicial or notarial of the sum owed, will be able to participate in his deliberations although they will not have right of vote. The record of the Joint will reflect the private owners of the right of vote, whose person and quota of participation in the community will not be computed to effects to achieve the majorities demanded in this Law.
Article 16
1. The Joint of owners will gather at least once a year to approve the estimates and accounts and in the other occasions that consider it convenient the president or ask it the fourth part of the owners, or a number of these that represent at least the 25 by 100 of the quotas of participation.
2. The announcement of the Joints will do it the president and, in his defect, the promoters of the meeting, with indication of the subjects to treat, the place, day and hour in that it will celebrate in first or, in his case, in second announcement, practising the *citaciones in the form established in the article 9. The announcement will contain a relation of the owners that do not are abreast in the payment of the defeated debts to the community and will warn of the deprivation of the right of vote if they give the planned suppositions in the article 15.2.
Any owner will be able to ask that the Joint of owners study and pronounce on any subject of interest for the community; to such effect will direct writing, in which it specify clearly the subjects that asks are treaties, to the president, which will include them in the agenda of the following Joint that celebrate .
If to the meeting of the Joint no *concurriesen, in first announcement, the majority of the owners that represent, to his time, the majority of the quotas of participation will proceed to a second announcement of the same, this time without subjection to *quó *rum.
The Joint will gather in second announcement in the place, day and hour indicated in the first *citación, being able to celebrate the same day if it had passed half hour from the anterior. In his defect, will be again summoned, according to the requirements established in this article, inside the eight natural days following to the no celebrated Joint, *cursándose in this case the *citaciones with a *antelación minimum of three days.
3. The *citación for the annual ordinary Joint will do , at least, with six days of *antelación, and for the extraordinary, with which was possible so that it can arrive to knowledge of all the interested. The Joint will be able to gather *válidamente even without the announcement of the president, whenever *concurran the whole of the owners and like this decide it.
Article 17
The agreements of the Joint of owners will attach to the following rules:
1. The installation of the common infrastructures for the access to the services of telecommunication regulated in the Royal decree-law 1/1998, of 27 February , on common infrastructures in the edifices for the access to the services of telecommunication, or the adaptation of the existent, as well as the installation of common systems or *privativos, of *aprovechamiento of renewable energies, or of the necessary infrastructures to access to new energetic supplies communities, will be able to be agreed, on request of any owner, by a third of the members of the community that represent, to his time, a third of the quotas of participation.
The community will not be able to *repercutir the cost of the installation or adaptation of said common infrastructures, neither the derivatives of his conservation and back maintenance, on those owners that had not voted on purpose in the Joint in favour of the agreement. Nevertheless, if subsequently they requested the access to the services of telecommunications or to the energetic supplies, and this require to take advantage of the new infrastructures or the adaptations made in the pre-existing, will be able to authorise them whenever they credit the amount that had corresponded them, properly up to date, applying the corresponding legal interest.
Nevertheless the had in the anterior paragraph with regard to the costs of conservation and maintenance, the new installed infrastructure will have the consideration, to the effects established in this Law, of common element.
2. Without prejudice to the established in the article 10.1 *b), the realisation of works or the establishment of new common services that have by purpose the suppression of architectural barriers that hamper the access or mobility of people with disability and, anyway, the establishment of the services of elevator, even when they involve the modification of the constitutive title, or of the statutes, will require the favourable vote of the majority of the owners, that, to his time, represent the majority of the quotas of participation.
When they adopt *válidamente agreements for the realisation of works of accessibility, the community will remain obliged to the payment of the costs, although his amount *repercutido annually exceed of twelve *mensualidades ordinary of common costs.
3. The establishment or suppression of the services of goal, *conserjería, surveillance or other common services of general interest, suppose or no modification of the constitutive title or of the statutes, will require the favourable vote of the three fifth parts of the total of the owners that, to his time, represent the three fifth parts of the quotas of participation.
Identical regime will apply to the lease of common elements that do not have assigned a specific use in the real estate and the establishment or suppression of squads or systems, no collected in the section 1, that have by purpose improve the energetic efficiency or *hídrica of the real estate. In this last case, the agreements *válidamente adopted with arrangement to this norm oblige to all the owners. Nevertheless, if the squads or systems have a *aprovechamiento *privativo, for the adoption of the agreement will suffice the favourable vote of a third of the members of the community that represent, to his time, a third of the quotas of participation, applying, in this case, the system of repercussion of costs established in said section.
4. Any owner will be able to demand new installations, services or improvements no required for the suitable conservation, habitability, security and accessibility of the real estate, according to his nature and characteristic.
Nevertheless, when by the favourable vote of the three fifth parts of the total of the owners that, to his time, represent the three fifth parts of the quotas of participation, adopt *válidamente agreements, to make innovations, new installations, services or improvements no required for the suitable conservation, habitability, security and accessibility of the real estate, no exigible and whose quota of installation exceed of the amount of three *mensualidades ordinary of common costs, the dissident will not result obliged, neither will modify his quota, even in the case that it can not deprive him of the improvement or advantage. If the dissident wishes, in any time, participate of the advantages of the innovation, will have to credit his quota in the costs of realisation and maintenance, properly updated by means of the application of the corresponding legal interest.
They will not be able to make innovations that do *inservible some part of the edifice for the use and enjoy of an owner, if it does not state his consent express.
5. The installation of a point of *recarga of electrical vehicles for private use in the parking of the edifice, whenever this situate in an individual square of garage, only will require the previous communication to the community. The cost of said installation and the consumption of corresponding electricity will be assumed entirely by the or the interested direct in the same.
6. The no regulated agreements on purpose in this article, that involve the approval or modification of the rules contained in the constitutive title of the horizontal property or in the statutes of the community, will require for his validity the unanimity of the total of the owners that, to his time, represent the total of the quotas of participation.
7. For the validity of the other agreements will suffice the vote of the majority of the total of the owners that, to his time, represent the majority of the quotas of participation. In second announcement will be valid the agreements adopted by the majority of the assistants, whenever this represent, to his time, more than the half of the value of the quotas of the presents.
When the majority could not attain by the procedures established in the anterior sections, the Judge, to instance of part deduced in the following month to the date of the second Joint, and hearing in appearance the *contradictores previously quoted, will resolve in equity what proceed inside twenty days, counted from the request, doing pronouncement on the payment of coasts.
8. I save in the on purpose foreseen suppositions in which it can not *repercutir the cost of the services to those owners that had not voted on purpose in the Joint in favour of the agreement, or in the cases in which the modification or reform do for *aprovechamiento *privativo, will compute like favourable votes the ones of those absentee owners of the Joint, properly quoted, those who once informed of the agreement adopted by the presents, according to the procedure established in the article 9, do not manifest his discrepancy by means of communication to the one who exert the functions of secretary of the community in the term of 30 natural days, by any half that allow to have proof of the reception.
9. The agreements *válidamente adopted with arrangement to the had in this article oblige to all the owners.
10. In case of discrepancy on the nature of the works to make will resolve the pertinent the Joint of owners. Also they will be able to the interested request arbitrage or *dictamen technical in the terms established in the Law.
11. You spill them for the payment of improvements made or for making in the real estate will be to charge of the one who was proprietary in the moment of the *exigibilidad of the quantities affect to the payment of said improvements.
Article 18
1. The agreements of the Joint of Owners will be impugnable in front of the courts of compliance with the established in the procedural legislation general, in the following supposed:
to. When they are contrary to the law or to the statutes of the community of owners.
*b. When they result gravely harmful for the interests of the own community in profit of one or several owners.
*c. When they suppose a grave damage for some owner that do not have juridical obligation to endure it or have adopted with abuse of right.
2. They will be legitimated for the impugnation of these agreements the owners that had saved his vote in the Joint, the absentee by any cause and those that *indebidamente had been deprived of his right of vote. To impugn the agreements of the Joint the owner will have to be abreast in the payment of the whole of the defeated debts with the community or proceed previously to the *consignación judicial of the same. This rule will not be of application for the impugnation of the agreements of the relative Joint to the establishment or alteration of the quotas of participation to that refers the article 9 among the owners.
3. The action *caducará to the three months to adopt the agreement by the Joint of owners, except that treat of contrary acts to the law or to the statutes, in whose case the action *caducará to the year. For the absentee owners said term will compute from the communication of the agreement according to the procedure established in the article 9.
4. The impugnation of the agreements of the Joint will not suspend his execution, except that the judge like this have it with character *cautelar, to application of the *demandante, heard the community of owners.
Article 19
1. The agreements of the Joint of owners will reflect in a book of records *diligenciado by the Recorder of the Property in the form that in accordance with the regulations have .
2. The record of each meeting of the Joint of owners will have to express, at least, the following circumstances:
to) The date and the place of celebration.
*b) The author of the announcement and, in his case, the owners that had promoted it.
*c) His ordinary or extraordinary character and the indication on his celebration in first or second announcement.
*d) Relation of all the assistants and his respective charges, as well as of the owners represented, with indication, anyway, of his quotas of participation.
And) The agenda of the meeting.
*f) The agreements adopted, with indication, in case that this was notable for the validity of the agreement, of the names of the owners that had voted in favour and against of the same, as well as of the quotas of participation that respectively represent.
3. The record will have to close with the bylines of the president and of the secretary when ending up the meeting or inside the ten natural days following. From his closing the agreements will be executive, except that the Law foresaw the contrary.
The record of the meetings will remit to the owners in accordance with the procedure established in the article 9.
They will be *subsanables the defects or errors of the record whenever the same express unambiguously the date and place of celebration, the proprietary assistants, present or represented, and the agreements adopted, with indication of the votes in favour and against, as well as the quotas of participation that respectively suppose and find signed by the president and the secretary. Said amendment will have to effect before the following meeting of the Joint of owners, that will have to ratify the amendment.
4. The secretary *custodiará the books of records of the Joint of owners. Likewise it will have to conserve, during the term of five years the announcements, communications, *apoderamientos and other notable documents of the meetings.
Article 20
Corresponds to the administrator:
to. Look after the good regime of the house, his installations and services, and do to these effects the timely warnings and preventions to the headlines.
*b. Prepare with the owed *antelación and subject to the Joint the plan of predictable costs, proposing the necessary means to face up to the same.
*c. Attend to the conservation and entertainment of the house, having the reparations and measures that result urgent, giving immediate account of them to the president or, in his case, to the owners.
*d. Execute the agreements adopted in matter of works and effect the payments and make the collections that are pertinent.
And. Act, in his case, like secretary of the Joint and *custodiar to disposal of the headlines the documentation of the community.
*f. All the other attributions that confer by the Joint.
Article 21
1. The obligations to that refer the sections and) and *f) of the article 9 will have to fulfil by the owner of the house or venue in the time and form determined by the Joint. In contrary case, the president or the administrator, if like this it agreed it the joint of owners, will be able to demand it *judicialmente through the process *monitorio.
2. The utilisation of the procedure *monitorio will require the previous certification of the agreement of the Joint approving the liquidation of the debt with the community of owners by the one who act like secretary of the same, with the seen well of the president, whenever such agreement have been notified to the owners affected in the form established in the article 9.
3. To the quantity that demand in virtue of the had in the anterior section will be able to add the derivative of the costs of the previous request of payment, whenever it state *documentalmente the realisation of this, and accompany to the application the *justificante of such costs.
4. When the anterior owner of the house or local have to answer *solidariamente of the payment of the debt, will be able to direct against him the initial request, without prejudice to his right to repeat against the current owner. Likewise it will be able to direct the claim against the headline *registral, that will enjoy of the same right mentioned previously.
In all these cases, the initial request will be able to formulate against any one of the obliged or against all they jointly.
5. When the debtor *oponga to the initial request of the process *monitorio, the creditor will be able to request the preventive embargo of sufficient sakes of that, to face up to the quantity demanded, the interests and the coasts.
The court will agree, anyway, the preventive embargo without need that the creditor loan *caución. Nevertheless, the debtor will be able to enervate the embargo loaning banking guarantee by the quantity by which had been decreed.
6. When in the initial application of the process *monitorio used the professional services of lawyer and procurator to demand the quantities been due to the Community, the debtor will have to pay, with subjection anyway to the limits established in the third section of the article 394 of the Law of *Enjuiciamiento Civil , the *honorarios and rights that *devenguen both by his intervention, so much if that attended the request of payment as if it do not appeared in front of the court.
In the cases in that it exist opposition, will follow the general rules in matter of coasts, although if the creditor obtained a totally favourable sentence to his pretence, will have to include in them the *honorarios of the lawyer and the rights of the procurator derived of his intervention, although it had not been prescriptive.
Article 22
1. The community of owners will answer of his debts in front of third with all the funds and credits to his favour. *Subsidiariamente And previous request of payment to the respective owner, the creditor will be able to direct against each owner that had been part in the corresponding process by the quota that correspond him in the unsatisfied amount.
2. Any owner will be able to *oponerse to the execution if it accredits that it finds to the common in the payment of the whole of the defeated debts with the community in the moment to formulate the request to that refers the anterior section.
If the debtor paid in the act of request, will be of his charge the coasts caused until this moment in the proportional part that correspond him.
Article 23
The regime of horizontal property extinguishes :
1. By the destruction of the edifice, except pact in contrary. It will estimate produced that when the cost of the reconstruction exceed of the fifty percent of the value of the *finca to the time to occur the accident, unless the excess of said cost was covered by a sure.
2. By conversion in property or *copropiedad ordinary.
Chapter III. Of the regime of the private real-estate complexes
Article 24
1. The special regime of property established in the article 396 of the Civil Code will be applicable to those private real-estate complexes that gather the following requirements:
to) Be integrated by two or more *edificaciones or independent plots among himself whose main fate was the house or local.
*b) Participate the headlines of these real estates, or of the houses or venues in that they find divided horizontally, with inherent character to said right, in a *copropiedad indivisible on other real-estate elements, *viales, installations or services.
2. The real-estate complexes deprived to that refers the anterior section will be able to:
to) Constitute in an alone community of owners through any one of the procedures established in the paragraph second of the article 5. In this case they will remain subjected to the disposals of this Law, that will result them entirely of application.
*b) Constitute in a grouping of communities of owners. To such effect, will require that the constitutive title of the new community grouped was awarded by the only owner of the complex or by the presidents of all the communities called to integrate that, previously authorised by majority agreement of his respective Joints of owners. The constitutive title will contain the description of the real-estate complex in his set and of the elements, *viales, installations and common services. Likewise it will fix the quota of participation of each one of the integrated communities, which will answer jointly of his obligation to contribute to the *sostenimiento of the general costs of the community grouped. The title and the statutes of the community grouped will be *inscribibles in the Register of the Property.
3. The grouping of communities to that refers the anterior section will enjoy, to all the effects, of the same juridical situation that the communities of owners and will govern by the disposals of this Law, with the following specialitys:
to) The Joint of owners will be composed, except agreement in contrary, by the presidents of the integrated communities in the grouping, which will have the representation of the set of the owners of each community.
*b) The adoption of agreements for which the law require qualified majorities will demand, anyway, the previous obtaining of the majority of that treat in each one of the Joints of owners of the communities that integrate the grouping.
*c) Except agreement in contrary of the Joint will not be applicable to the community grouped the had in the article 9 of this Law on the fund of reservation.
The competition of the organs of government of the community grouped only extends to the real-estate elements, *viales, installations and common services. His agreements will not be able to lessen in no case the faculties that correspond to the organs of government of the communities of owners integrated in the grouping of communities.
4. To the private real-estate complexes that do not adopt any of the distinguished juridical forms in the section 2 will be them applicable, *supletoriamente concerning the pacts that establish among himself the co-owners, the disposals of this Law with the same distinguished specialitys in the anterior section.
Additional disposal
1. Without prejudice to the disposals that into use of his competitions adopt the Autonomous Communities, the constitution of the fund of reservation regulated in the article 9.1.*f) Will adjust to the following rules:
to) The fund will have to constitute in the moment to approve by the Joint of owners the ordinary estimate of the corresponding community to the annual exercise immediately back to the entrance in force of the present disposal.
The new communities of owners will constitute the fund of reservation when approving his first ordinary estimate.
*b) In the moment of his constitution the fund will be endowed with a no inferior quantity to the 2,5 by 100 of the ordinary estimate of the community. To such effect, the owners will have to effect previously the necessary contributions in function of his respective quota of participation.
*c) When approving the corresponding ordinary estimate to the annual exercise immediately back to that in that it constitute the fund of reservation, the endowment of the same will have to achieve the minimum quantity established in the article 9.
2. The endowment of the fund of reservation will not be able to be inferior, in any moment of the budgetary exercise, to the legal minimum established.
The quantities *detraídas of the fund during the budgetary exercise to attend the costs of the works or included performances in the article 10 will compute like integral part of the same to effects of the calculation of his minimum quantity.
To the start of the following budgetary exercise will effect the necessary contributions to cover the quantities *detraídas of the fund of reservation according to the signalled in the anterior paragraph.
Transitory disposals
First
The present Law will govern all the communities of owners, any one that was the moment in that they were created and the content of his statutes, that will not be able to be applied in contradiction with the established in the same.
In the term of two years, to count from the publication of this Law in the «Official Bulletin of the State», the communities of owners will have to adapt his statutes to the had in her in what they were in contradiction with his precepts.
Passed the two years, any one of the owners will be able to urge *judicialmente the adaptation warned in the present disposal by the distinguished procedure in the number second of the article sixteen.
Second
In the current regulatory statutes of the property by floors in which it was established the right of score and *retracto in favour of the owners, will understand the same modified in the sense to remain without efficiency such right, except that, in new joint, and by a majority that it represent, at least, the eighty percent of the headlines, agreed the maintenance of the quoted rights of score and *retracto in favour of the members of the community.
Final disposal
Remain derogated those that disposals *opongan to the established in this Law.</center>
