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The Horizontal Property Law

 

The Horizontal Property Law was born more than five decades ago with the aim to provide a coexistence order to Condominium of Owners, compiling a regulation to set up, within the essential, the legal system to rule and chair neighborhood relationships. 

The said law admits these relationships can be specified and completed by means of the drafting of the corresponding Articles of Association, which are not compulsory or indispensable, and have as main function to adapt the legal arrangements to the particulars of the diversity of cases and situations which can happen in a Community of Neighbors. 

The rules the Law refers have as main aim to define the rights and duties of enjoyment, guaranteeing that the exercise of the own right does not mean a damage for the others neither without adversely affecting the whole group, in order to fix the basis for the normal and peaceful coexistence. 

The Law also deals with the rights and duties which refer to the economic expenditures that all owners should jointly attend, being the basic criteria taken into account in order to determine the participation of each one in the said expenditure, the one of the share or coefficient assigned to each property or premises, making clear that the non utilization of the service source of the expense does not exempt from the corresponding obligation of payment. 

The right running of the Joint Ownership Regime, under the said Law, is entrusted to three entities: Board, President and Administrator:

The Board has to compulsory meet once a year and, in order to come into agreements, it is required, in general terms, the positive vote of both the numerical or personal majority and the financial one, except those transcendental cases which require unanimity. 

The President has to be elected by the Board and represents the Community at the Courts and outside. 

The Administrator has to be elected by the Board and can be or not a member of the Community. He/she must act according to what it has been agreed by the Board, without prejudice of the obligations the Law imposes to him/her. 

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