COMMUNITY – Obligations of owners: Questions and answers (I)  

In this article we consider issues frequently of concern to new owners of a property in a building or complex subject to Horizontal Property rules and about which misunderstandings often cause problems with their new neighbours.
What are the obligations of the vendor/transferor?

To communicate to whoever operates as Secretary of the community, by whatever means which allow proof of receipt, the change ofownership of the property. A vendor who fails to comply withthis obligation will continue to be mutually responsible with the new owner for debts owed to the community aftertransfer of title without prejudice to the rights to reclaim such monies from the new owner.

The above will not apply when any of the governing bodies established in article 13 has knowledge of the change of ownership by any other medium or clear action, or when the transfer is publicly known.

# when selling your property it is very important to inform the community administrator of the date of sale and the new owner’s contact details. This will avoid the situation that any debt accumulated by the new owner is paid by the

What are the obligations of the buyer/transferee? 

Article 9 of the Law of Horizontal Division:

a) To respect the general facilities of the community and other common elements, always avoiding causing them any damage.

b) to keep your own property in good condition.

c) to allow any repairs to be carried out which the property needs.

d) to allow entry to the property for any of the purposes covered in the three previous sections.

e) to contribute, in accordance with the participation quota established in the title deeds or to any especially established, to the general expenses for the adequate

f) to contribute, in accordance with the participation quota, to a reserve fund which the community of owners shall
establish for the cost of conservation and repairs of  communal property and where applicable, renovation works.  This reserve fund, which is owned by the community, shall  never be less than 5% of its last ordinary budget.

The community may take out an insurance policy chargeable to the reserve fund to cover damage, or alternatively take out
a contract for permanent maintenance of the buildings and its general installations.

g) to observe due diligence in using the property and relations with other owners, and to accept responsibility for  any infractions committed and damages caused.

h) to communicate to whoever operates as Secretary of the community, by whatever means allow proof of receipt, an  address in Spain for any official correspondence of notifications of any kind related to the community.

Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 25 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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