Faq

Legal

  • What are the contents of the statutes for the Community of Property Owners? Where are these statutes registered?

There is no model of statutes according to the reformed law of Horizontal Property, nor in the original law, because the statutes have to be drawn up in agreement with each individual community of property owners, taking into account the services in has and the different types of costs. In order to draw it up there must an earlier study into the needs and expectations of the community, and it is very important to contract the professional assessment of a building administrator, whose knowledge and practical sense and fundamental for future feasibility.

The statutes, once unanimously approved by an extraordinary meeting of the community of property owners, are registered with the building in the Property Registry. When the developer writes them out, they are obliged to pass them on to the purchasers at the time of the sale, including them in the deeds of the same.

If they are not written up in the Property Registry, the statutes would only affect the current property owners in the community, but not any future ones. To oblige new owners that are to be new community members to comply with the statutes, it is necessary to make them known to third parties, and this is the idea behind publicly registering them in the Property Registry.

It hardly needs to be said that having statutes is not compulsory, a large number of communities of property owners do not have them, and do not necessarily have more problems because of it. Others use a simple partial transcript from the law on Horizontal Property. In general, the statutes are no more than an adaptation of the existing law to particular community circumstances.





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