[:en]On June 13, Law 5/2015, of May 13, amending Book Five of the Civil Code of Catalonia, relating to property rights, came into force. The reform modifies horizontal property, without altering its characteristic features.
The most important changes affecting the organization of the community are:
1. Extension of the real allocation of the property (for which the person is responsible for the payment of common, ordinary or extraordinary expenses and for the reserve fund) affects the expired portion of the current year and the four immediately preceding years, without prejudice to the liability of the person who transfers it.
2. A new expiration period of 4 years is established for the community to judicially demand the replacement of common elements altered without its consent to their previous state.
3. The obligation to hold a first and second meeting is eliminated, becoming a single meeting. Consequently, the system of majorities required for the adoption of agreements is simplified and the general system of simple majority of owners and shares is restored.
4. Some procedures have been updated, adapting them to new technologies, such as the incorporation of the call by email or attendance at the meeting by videoconference.
5. The agreements of successive formation (different from those of instant formation) are expressly regulated, which are those that require, for their adoption, to wait to verify the will of the persons who have not attended the meeting.
6. It is established that only agreements established in the agenda can be discussed, and in order to challenge them, it will be necessary to have voted against them.
7. The figure of the vice president, which was unclear in the previous regulation, is visibly regulated. It is established that the vice president will exercise the functions of the presidency in the event of the death, disability, absence or inactivity of the president. He may also exercise the functions that the President expressly delegates to him. In relation to the external administrator, he is required to comply with the legally established professional conditions.
8. Extrajudicial resolution of conflicts (arbitration) arising in the area of horizontal property is explicitly introduced and its use will be encouraged. Owners may agree to resort to arbitration for any issue relating to the regime.
9. Regarding the claim in case of non-payment, there is an express reference to the procedural rules (the monitoring art. 812 et seq. LEC and art. 21 LPH) but there is a special regulation on how the certificate that settles the debt to be claimed should be: the unpaid concepts and the identification of the agreement that derives from the amounts owed.
To learn more about this modification, and how it affects the communities of owners, do not hesitate to contact your manager.[:ca]On June 13, LLEI 5/2015, from the 13th, will come into force. of maig, of modification of the fifth book of the Civil Code of Catalonia, related to royal rights. The reform modifies the horizontal property, without altering the three elements that are characteristic.
The most important modifications that affect the organization of the community are:
- Extension of the real effect of property (which is responsible for the payment of common, ordinary or extraordinary expenses and reserve funds) affects the expired portion of any property in current and the immediately preceding four years, without prejudice of the responsibility of who the transmet.
- A new expiration term is established, of 4 years, so the community demands, judicially, the replacement of the common elements altered without the consent of the previous state.
- The obligation to call a first and second meeting of the meeting is eliminated, becoming a single one. Consequently, the regime of majorities required for the adoption of agreements is simplified and is recovered as a general regime that of the simple majority of owners and quotations.
- Some procedures are updated, adapting them to new technologies, such as the incorporation of the call by electronic mail or the assistance with the use of videoconference.
- It is expressly regulated the agreements of successive training (different from those of instant training), which are those who need, for the next adoption, to wait to verify the will of the people who have not attended the meeting.
- It is established that only the agreements established today can be discussed, and for any challenge, it will be necessary to vote against.
- It visibly regulates the figure of the vice president, which was confusing in the previous rule. It is established that the vice presidency exercises the functions of the presidency in the event of death, incapacity, absence or inactivity of the president. He may also exercise the functions that the president expressly delegated. In relation to the external administrator, it is required that this compleixi with the legally established professional conditions.
- It explicitly introduces, and encourages its use, the extrajudicial resolution of conflicts (arbitration) that arise in the field of horizontal property. The owners may agree to go to arbitration for any dispute relating to the regime.
- Quant to the claim in case of default, there has been express remission of the procedural norms (to the monitori art. 812 i ss LEC and art 21 LPH) but there has been a special regulation of how the certificate that settles the debt must be claim: the unpaid concepts and the identification of the agreement that derive from the quantitats that are due.
To find out more about this modification, as it affects the communities of owners, do not hesitate to contact your manager.[:]