Community of property owners in Spain. Regime of private real estate developments (art. 24 Horizontal Property Act)  

Lawyer in Spain

This blog came from a query made by a client, a homeowner who is part of a Spanish community of owners, with the particularity that each house has small garden plot and relief. At the last Annual General Meeting was agreed that the Community of owners may carry out maintenance works and repair of the properties that are part of it, although up to date had been the owners, each of them individually and to their cost, who were carrying out the maintenance thereof.

To this effect and regarding this query, the undersigning lawyer in Marbella wish to point out the following:

1. Both the Spanish doctrine, jurisprudence and resolutions of the General Directorate of Registry and Notary, distinguishes a recognized status as “private real estate” and governed by Article 24 of Horizontal Property (LPH)

2. Such developments or “private real estate developments”, are characterized by a private and communal mixed ownership situation, very close to the Horizontal Property Regime strict sense, but without being able to apply their rules so prevalent and throughout its amplitude.

3. There are cases of real estate developments that can not be treated as if the area is a single structural element (eg divided by floors with unique access to the road building). There are “private real estate developments” with plots or legal/physically independent buildings in Spain which share of common elements such as roads, facilities or services. These developments can not be treated exclusively as condominiums (horizontal properties), although may be applicable the Spanish Horizontal Property Act (LPH), and therefore can not be required that the Community of owners assume the costs of maintaining these private elements -the area comprising each housing and parcels-.

4. By laws and rules of procedure should be taking into account.

In the event that you need advice regarding this matter or any other that you may have before a Spanish Notary, please do not hesitate to contact the English speaking Spanish lawyers and accountants in Marbella of Arcos & Lamers Asociados, lawyers in Spain and tax advisors in Marbella, we have an expert team ready to answer your questions and to provide legal and fiscal advice in Spain.

Félix Ruiz, Lawyer in Spain