New regulations in the communities OWNERS
Law 5/2015, which came into force on June 20, has amended the legal horizontal property in Catalonia. Below we highlight the main changes to the rules governing OWNERS communities in Catalonia
- Credits the community against the owners for common expenses, ordinary and extraordinary, and the reserve fund corresponding to overcome the current year and the four years immediately preceding, numbered from 1 January to 31 December payment preference on proprietary element with priority determined by law. The loans accrue interest from the time when he has to make the payment and this is not effective
- The reserve fund is included in separate accounts and shall be deposited in a special bank account in the name of the community.
- Set the validity of the statutory clauses that provide for the resolution of disputes through arbitration or mediation for any issue of horizontal property regime.
- Remove the requirement to make a first and a second notice of the meeting, as reality has shown the futility of the double call.
- Incorporated new technologies as means to make notifications and requirements. The sending of calls, citations and notifications, and the event will be made by mail or email, or other media, provided that they ensure the authenticity of the communication and its contents.
- The board may appoint a vice-owners, who performs the duties of the presidency in case of death, failure, absence or incapacity of the owner. You can also exercise the functions expressly delegated him to the presidency.
- The secretary has custody for 5 years at least, calls, communications, powers, accounting documents and other relevant documents of the meetings and the community (before 2 years).
- The secretary has custody of the minute books of the joint owners, who must be kept for 30 years as long as the horizontal property regime or for 5 years from the moment when extinguished.
- The statutes can establish joint or owners may agree, you can attend the meeting by videoconference or by other electronic means of communication synchronous like.
- Simplifies and clarifies the regime of majorities required to adopt resolutions .The general scheme, which is the most simple and quota owners (it gets the double majority); the system of qualified majority of 4/5 parts of owners entitled to vote and representing both the 4/5 parts of the quotas and, finally, the requirement of unanimity (vote of all owners voting ), which is limited to strictly necessary cases.
- The vote of the people to refrain from voting and the corresponding elements of proprietary mutual benefit is calculated in the same sense that most achieved.
The law also regulates the formation of successive agreements. The unanimity or a qualified majority necessary in cases where owners have not attended all or a sufficient number can be achieved after a period of one month from the notification of OK without owners have found no assistants writing to the secretariat.
The owners or holders of a possessory right on proprietary element in the case themselves or people who live with or work suffer a disability or are over seventy years, if they fail to adopt agreements concerning the needs may request the court to force the community to remove architectural barriers or make innovations required, provided they are reasonable and proportionate to achieve accessibility and care transitabilitat Property disability that motivates.
For the purposes only of legitimacy to challenge the agreements and exemption from payment of costs for new facilities or services common owners who have not participated in the vote may oppose the agreement by means of a letter sent to the secretariat by any reliable means, within a month since he has been notified. If once the last month have not submitted written opposition is considered to adhere to the agreement.
Are entitled to challenge an agreement the owners who voted against, absent that have been found and have been illegally deprived of the right to vote. I should be aware of payment of debts the community that are overdue at the time of adopting the agreement to be challenged or have them recorded amount.
Action to challenge the agreements expire within a year if they are contrary to law, the title of incorporation or statutes, or whether the circumstances involve an abuse of law; and expire within three months if agreements are contrary to the interests of the community or are seriously harmful to the owners. The deadlines are counted from the notification of the act or the act of the Annex, as appropriate.
Favored the installation of charging points for electric vehicles.
It encourages compliance with the obligation to notify the change of ownership of the proprietary element with the establishment of joint and several liability of the transferor with respect to debts that accrue to the notice effective transmission to the community.
The community can claim all amounts that are due to non-payment of common expenses, whether ordinary and extraordinary, or reserve fund, through special monitor process applicable to owners' property regime Horizontal Property the legislation processal.Per urge the claim just a certificate of non-payment of common expenses, which are made, among others demanding payment made to the debtor.
Horizontal existing properties plots before 1 July 2006 that have not yet been made at the time of the entry into force of this law must do so in accordance with the provisions of this law within four years. After this period, any owner can ask the court granting the title of incorporation.