Modification of the Horizontal Property Law in Catalonia

Date: 8 de December de 2022

With a certain delay compared to the State Law, which was modified in 2013, the modification of the law has been published for Catalonia.

Beyond the fact that the new owner's responsibility for the property's debts has been extended, which in the case of Catalonia has been fixed in the four years prior to the date of acquisition, we would like to point out other aspects that we also consider relevant:

· The Community's debts to third parties have the status of common among the co-owners. Despite this condition of commonwealth, each co-owner is responsible for the Community's debts in proportion to his share.

· The departments of the Community are responsible for the debts corresponding to the current year and the four years prior to the time of transmission.

· The Certificates of being up to date with payment at the time of transmission must state the approved spills and still pending payment.

· The Vice Presidency is expressly regulated and it is foreseen that the Presidency can delegate its functions.

· The meetings are convened in a single call, eight days in advance. Although the call is planned by e-mail, the problems of accreditation of the notification remain. The ad remains on the counter.

· Only resolutions that were foreseen in the Agenda, including changes of President and Administrator, can be taken.

· For the validity of the agreements, it is necessary to have a double majority of Votes and Coefficients, both when a simple majority must be obtained, and for qualified majorities of 4/5 parts of the Community.

· The mechanism for the adoption of agreements that require a majority of 4/5 parts of the Community is as follows: At the time of voting at the Board, only the majority of votes and coefficients of those present and represented are required. Next, the absentees must be added, who are considered favorable to the agreement. It is at this point that the required majority has been reached. Once the thirty days have passed from the notification to the absentees, if the majority has not been lost, the agreement becomes definitively valid.

· When drawing up the minutes of the meeting, the results of the votes must be identified (the generic: "Approved by majority" is not valid).

· The deadline for demanding the restoration to the initial state of the modifications in the common elements that are notorious is four years.

· The transferor is obliged to notify the data of the new owner when the department is sold. If you don't, you are still responsible for paying the fees.

Copyright © Barnaquatre