HORIZONTAL PROPERTY

COMMUNITY LAWYERS MARBELLA

The most common form of residence in today’s Spanish cities is to live in apartments and it is not uncommon for co-owners to come to our offices with community problems that they had not considered might exist. The special regulation existing through the Horizontal Property Law and the numerous casuistry that over the years has been generated by the Courts and Tribunals makes it essential to be advised by lawyers specialized in advising communities as we are in Gabinete Jurídico Internacional. This type of property has the specialty that, together with the apartment, there is a condominium over the common areas that are included in the property share and are therefore economically valuable for the purpose of paying the common expenses.

Neighborhood associations are regulated by the Horizontal Property Law and by their bylaws, which determine in detail the bodies of the association as well as all the rights and obligations of the association. In Gabinete Jurídico Internacional we offer to help you in the foundational process of the Community or in the solution of day to day problems.

There are many problems that a homeowners’ association faces throughout its life. These range from the non-payment of dues by delinquent owners to those who carry out activities that disturb the other owners. In the first case it is evident that the community is entitled to claim the unpaid amounts, which will be done through the most expeditious procedure, such as the “Juicio Monitorio”, highlighting that the LPH itself allows the seizure of the property to guarantee the payment of the aforementioned installments. As for nuisance activities, in recent years there has been a progressive awareness of the local corporations with this problem and have been developed ordinances that health and nuisance activities that specify up to where it is allowed and what is prohibited because it disturbs the rest of the owners giving legal certainty to the communities.

In addition to the aforementioned cases, the communities may need assistance in issues related to legal aspects of convening ordinary or extraordinary meetings, amendments to the bylaws, assistance in the election of external professionals, claims against third parties on which the community has an uncollected credit, legal assistance in challenging resolutions adopted within the time limit set by the LPH among many others.

For all these situations it is essential to have real lawyers specialized in the defense of homeowners’ associations as we are in Gabinete Internacional Jurídico.

 

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13 de April de 2024