In practically all buildings we find that there are communities of homeowners. Although we can all have a more or less accurate idea of what this entity consists of, in the new buildings, where there are neighbors still missing, it is much more important to have knowledge of everything related to the subject, in order to constitute the community of homeowners, understand and use it for the common good of all the owners.
What is a community of homeowners?
A community of homeowners is a legal entity that includes the total number of property owners of a building. This, in addition, must be governed by the same rules in order to manage many aspects related to the building, common areas, neighborhood coexistence and a very long etcetera.
The common thing is that the communities of homeowners are given in a regime of horizontal property, being governed, this way and in this order obligatorily, by:
- The article 396 of the Civil Code.
- The Horizontal Property Law approved on July 21, 1960.
- Statutory regulations and internal regulations.
It is worth mentioning that in the Autonomous Community of Catalonia the communities of homeowners and their actions are governed by the Civil Code of Catalonia, which is different from the rest of the country.
How is the Constitution of a community carried out?
Let’s see how this action is carried out.
To constitute the community of neighbors as such it is necessary to obtain the public deed that submits the building to the Horizontal Property Law; this is called the Constitutive Title of the Community of Owners.
This contains, as minimum, what will be a more detailed description of the whole of the building, of each of the homes and premises and the participation fee of each property.
In addition, it will be necessary to have a minute book in which there is a record of what happened in the neighborhood meetings as well as of any other point of local interest. This must be legalized by presenting it blank in the premises of the corresponding Property Registry.
Next, it will be necessary to hold a meeting attended by all owners. This has the name of Constituent Assembly and in it, worth the redundancy, the community will formally be constituted:
- Designation of one President, one Secretary and one administrator.
- Approval of an economic reserve fund.
- Opening a community bank account to receive the amount of fees, subsidies and aid, to make payments and direct the corresponding receipts.
- Approving the facilitation of the Deed of New Building and Horizontal Division, of the internal regulations, the statute and the rest of regulations to all the owners.
- Drafting a Constitution Act which will show the first decisions taken that will become the first in the minute book.
- The last step is to obtain the corresponding NIF in the Treasury Delegation by completing Form 037 of the Tax Agency and delivering a copy of the designation of the President, his National Identity Document and the Horizontal Division Deed.
We will finish by saying that there is no obligation to constitute the entity, although it is highly recommended. This is the only way to regulate the actions of the owners, otherwise, each one could do what they consider, altering common elements, not paying the fees and, in general, diminishing the neighborhood coexistence.
Regulation of the actions of the communities of homeowners
The regulation of community actions is given in the statutes of the community of homeowners. These are a set of rules that regulate aspects such as the way in which common expenses are distributed, the government of the community, the use and destination of the building and each of the properties and other common facilities, maintenance and repair guidelines of the building and its parts, regarding the insurances, etc.
This regulation is only mandatory if it is registered in the Property Registry; otherwise, the neighbors do not have to act according to what they dictate.
To understand what the property registry is and what it is for, we leave you this video from the channel of the channel of the Colegio de Registradores Corpme:
We also find the Internal Regime Regulation. This serves to regulate daily coexistence as well as the use of common services. In this case, it must be fulfilled without this regulation being inscribed in any register.
The role of the administrator of estates
We will conclude by saying that the figure of the administrator of estates can be really beneficial as it fulfills a number of functions that are his competition and do nothing but make the management of the residents accurate and efficient, also helping in matters which may be unknown to the homeowners.Share