Community of Owners
Introduction
A community of owners is a legal entity made up of all the owners of the homes, parking spaces and sometimes, commercial premises in the same building, and which is governed by the applicable regulations and the statutes agreed upon by them. Although it is not an independent legal entity, it retains many of its characteristics, which makes it a hybrid figure, with the capacity to carry out certain legal businesses.[1].
The purpose of the so-called neighboring communities, is to decide on matters that concern the building common to all owners.
Regulation by country
Spain
The Communities of Owners in Spain are mainly governed by the Horizontal Property Law, except in Catalonia, where the applicable Law is the Civil Code of Catalonia. These Laws regulate the use of common spaces and services of the property. In addition to the aforementioned Laws, there are internal statutes drawn up by the Community of Owners itself that regulate the organization and minor rules for owners and tenants. In many cases they serve to set criteria in situations of conflict of interest of the neighbors themselves.[2][3].
• - The owners of a building are required to represent their community as presidents or secretaries. Communities can establish criteria through the community statutes (by location, by seniority, by shifts) to regulate the rotation of positions.
• - Every owner must contribute to the community expenses according to his participation coefficient, established in the horizontal division deeds. Both by the statutes of the community of owners and by unanimous agreement of all its members, a different form of contribution may be established for certain expenses.
• - The Board of owners will meet at least once a year to approve the budgets and accounts and on other occasions that the president deems appropriate or requested by a quarter of the owners, or a number of them that represent at least 25 percent of the participation fees.
• - The buyer of a second-hand home must assume the debts and outstanding accounts of the current year and the previous year of the former owner (this is why it is useful for the buyer to request information about the status of the seller's accounts with the community). However, the seller must provide a certificate of debts with the community at the time of transfer, unless expressly exonerated from this obligation by the purchaser.