Community
Law Corner:
Article 9
Community Statutes and the Law of Horizontal Property
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition February 2012
Statute: as defined by the dictionary:
Nevertheless communities do still retain their own statutes as is permitted under article 5 of the Law of Horizontal Properties. For statutes to be binding they must be registered with the Register of Properties.
They can be complementary to the law and refer to situations not already covered by the Law, but they may not in anyway be contradictory to, nor prohibited by the 1960 law and its subsequent amendments.
For instance, communities may not establish an alternative way of voting at meetings, nor a different way of approving agreements or create a different procedure for contesting those agreements. This would be illegal,as such matters are already covered in law, regardless of what the community statutes say. Furthermore, changes to the law will override existing community statutes rendering them null and void should they be contradictory to new legislation. So it is hardly worth having the community statutes re-regulated with each change when the situation is covered by law, and note to change any community statute, a unanimous vote is required. For these reasons, statutes are generally best left to govern those aspects that are not already regulated by law or for issues that the law specifically leaves open for the community to decide for themselves.
As in Article 13 part 7 - If the statutes of the community do not dispose the opposite, the appointment of governing bodies will be made for a one year term. The community statutes could also specify how the community costs are shared amongst the owners. For example; the owners of commercial premises and garages will not pay the maintenance costs of the garden and pool neither do they have the right to use them. The use of some of the communal areas; the owners of the penthouse have the sole use of the whole of the roof terrace or owners have the right to install their own air conditioning, satellite dishes and solar panels. They may approve a limitation to the change of use; owners are not entitled to use houses for commercial purposes, commercial premises may not be converted into houses. Statutes could also prohibit the keeping of dogs or chickens but permit owning cats.
Bearing this in mind, apart from a few specific rules, it is no longer common for a community to have a full set of statutes.
In fact, often statutes just generate confusion, with owners not knowing if the rule mentioned in the statutes is still applicable under the law.
Finally if a community does have its own statutes and they are correct under the law, then they are legally binding and open for owners and potential owners to read. Which may be prudent say for potential buyers intending to move in with their pet dog “Fiddo”, only to find “Fiddo” is not welcome under the community statutes, and either they or he has to move on.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
Community Statutes and the Law of Horizontal Property
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition February 2012
Statute: as defined by the dictionary:
- (Law) a permanent rule made by a body or institution for the government of its internal affairs.
Nevertheless communities do still retain their own statutes as is permitted under article 5 of the Law of Horizontal Properties. For statutes to be binding they must be registered with the Register of Properties.
They can be complementary to the law and refer to situations not already covered by the Law, but they may not in anyway be contradictory to, nor prohibited by the 1960 law and its subsequent amendments.
For instance, communities may not establish an alternative way of voting at meetings, nor a different way of approving agreements or create a different procedure for contesting those agreements. This would be illegal,as such matters are already covered in law, regardless of what the community statutes say. Furthermore, changes to the law will override existing community statutes rendering them null and void should they be contradictory to new legislation. So it is hardly worth having the community statutes re-regulated with each change when the situation is covered by law, and note to change any community statute, a unanimous vote is required. For these reasons, statutes are generally best left to govern those aspects that are not already regulated by law or for issues that the law specifically leaves open for the community to decide for themselves.
As in Article 13 part 7 - If the statutes of the community do not dispose the opposite, the appointment of governing bodies will be made for a one year term. The community statutes could also specify how the community costs are shared amongst the owners. For example; the owners of commercial premises and garages will not pay the maintenance costs of the garden and pool neither do they have the right to use them. The use of some of the communal areas; the owners of the penthouse have the sole use of the whole of the roof terrace or owners have the right to install their own air conditioning, satellite dishes and solar panels. They may approve a limitation to the change of use; owners are not entitled to use houses for commercial purposes, commercial premises may not be converted into houses. Statutes could also prohibit the keeping of dogs or chickens but permit owning cats.
Bearing this in mind, apart from a few specific rules, it is no longer common for a community to have a full set of statutes.
In fact, often statutes just generate confusion, with owners not knowing if the rule mentioned in the statutes is still applicable under the law.
Finally if a community does have its own statutes and they are correct under the law, then they are legally binding and open for owners and potential owners to read. Which may be prudent say for potential buyers intending to move in with their pet dog “Fiddo”, only to find “Fiddo” is not welcome under the community statutes, and either they or he has to move on.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.