Answers to the most frequently asked questions about Spanish residential property law.

Here you can find a (short) overview of all the questions that are asked and answered in exactly this form in our book ‘Practical Handbook on Condominium Law in Spain’.

Each question has its own number to ensure that it can be found quickly.

Question 1: Is a clause in the declaration of division, according to which the developer is completely exempt from his contribution obligation because he only owns an undeveloped area, unlawful?

Question 2: Is a clause stipulating that the business premises and storage rooms located on the property may not be sold separately from the apartments so that their future owners are always also owners of an apartment lawful?

Question 3: If a separately owned element has been exempted from certain contribution obligations to the common expenses in the declaration of division, but the intended use of this separately owned element is subsequently changed (e.g. a business premises is converted into parking spaces), does the exemption remain in force?

Question 4: Is a clause in the declaration of division lawful which stipulates that the owners of the business premises may alter the façade at their level, e.g. by creating windows and entrances or installing advertising boards?

Question 5: Is the clause in the community rules stating that a business premises is entitled to install a smoke vent with a wall opening through the façade without requiring further approval from the community valid?

Question 6: If the declaration of division or the community statutes exempt a separately owned property (e.g. business premises) from the obligation to contribute to the costs of operating the lift due to the lack of possibility of use, does this exemption also apply to the costs of a future lift replacement?

Question 7: Can the articles of association allow the owners of the community to carry out divisions, separations and additions to/from the separate property without an approving resolution?

Question 8: Is there a time limit within which a clause contained in the declaration of division or the community statutes must be challenged?

Question 9: Is the clause contained in the community statutes, according to which any legal dispute relating to the owners’ association is subject to arbitration, effective (e.g. a claim for damages due to injury caused by a fall due to a damp floor)?

Question 10: Can the property developer reserve the right in the community rules to dispose of common property (e.g. the central, basement, accessible, undeveloped space within a residential complex) as he wishes?

Question 11: After signing private purchase agreements, can the property developer draw up the declaration of division alone, i.e. unilaterally?

Question 12: Are clauses that entitle owners to carry out structural alterations to the common elements without a resolution of the owners’ meeting lawful?

Question 13: Can the clauses contained in the declaration of division or community rules created by the property developer also be classified as abusive clauses and declared invalid on this basis?

Question 14: If the community statutes exempt a separately owned property from contributing to the costs of certain communal facilities, but the owners or residents of that property actually use these facilities, is such a clause permissible?

Question 15: What majority is required to revoke the exemption of individual elements of separate ownership from contributions to the costs of certain communal facilities resulting from the declaration of division?

Question 16: Can a clause in favour of the property developer allow the latter to carry out a specific construction measure without the need for a resolution by the owners’ meeting?

Question 17: Can the property developer grant himself the right to unilaterally amend, extend or modify the declaration of division at any time by means of a clause in the declaration of division?

Question 18: Does a general clause in the community rules, according to which the owner of a separately owned property (e.g. business premises) may adapt it to his needs, also permit structural alterations to the common elements located within the separately owned property?

Question 19: Does the declaration of division have to be entered in the land register in order to be valid?

Question 20: Can the property developer grant an individual owner a special right of use to a common element by means of the articles of association?

Question 21: Which areas are regulated by the community statutes and which by the house rules?

Question 22: What are the differences between the community statutes and the house rules?

Question 23: Can the house rules exempt individual owners from their obligation to contribute to the community costs?

Question 24: Can the house rules stipulate that the apartments in the community may only be used for residential purposes and not for commercial use, such as office space?

Question 25: Can the house rules stipulate the times at which the communal swimming pool may be used?

Question 26: How can a member of the owners’ association defend themselves against the house rules?

Question 27: Can the term of office of the president be changed by means of the articles of association?

Question 28: In addition to the offices provided for by law (president, secretary, administrator), can additional offices be created by the articles of association or by resolution?

Question 29: Who determines the participation quota and how can it be changed?

Question 30: What criteria are used to determine the participation quota?

Question 31: What is the effect of the participation quota?

Question 32: Does the declaration of division have to be made in a notarised deed?

Question 33: Does the declaration of division have to be entered in the land register?

Question 34: As the sole owner, can the property developer draft the declaration of division as he wishes?

This is only a small selection of the more than 230 questions and answers on Spanish residential property law contained in our book ‘Practical Handbook on Residential Property Law in Spain – Owners’ Associations · Urbanisations · Real Estate Complexes’. In addition to answers to the questions raised above, this book also contains diagrams, overviews, tables, sample texts and forms with help on how to fill them in, bilingual legal texts (Spanish/English) and, of course, explanations of Spanish and Catalan residential property law.