The number of Germans who now own property in Spain is over 500,000. They long for the sun and the beautiful Mediterranean landscape. However, this sometimes gives rise to various problems that need to be solved.
Question: We bought an apartment in Mallorca five years ago. At first, the appearance of the community was uniform. Unfortunately, some of our neighbours have since altered their balconies and terraces. Individual terraces have been covered and many balconies have been sealed off from the outside with sliding doors. These structures were not even built by the same manufacturer or craftsman. In any case, at least two different systems have been used, which, to everyone’s delight, are also different colours. Is this allowed?
Answer: In an apartment subject to Spanish residential property law, the façade of the building is generally classified as common property. Any changes to it require the approval of the owners’ association. However, the recent reform of Spanish residential property law has changed the votes and quotas required for this. For decisions made before 28 June 2013, such a decision still required unanimity. This means that at the owners’ meeting, the resolution seeking approval had to be accepted by all owners present, without a single dissenting vote being permitted. This (provisional) resolution would then have had to be communicated to all absent owners. They could then exercise their voting rights retrospectively within 30 days. If just one of them had voted against the preliminary resolution, it would have been rejected. If the absent owner did not act, their consent would be assumed.
The alteration of the façade requires the approval of the owners’ association.
However, as of 28 June 2013, the requirements for such measures have changed. Now, only a 3/5 majority is required. Even with the new version of the law, the votes of absent owners must be taken into account, which is why their behaviour within the specified period is also taken into account here. It is disputed whether a double 3/5 majority of votes and quotas of all owners is required, or whether a 3/5 majority of all votes is sufficient.
You must therefore check whether the measures you have described have been approved by a resolution. If this is not the case, they are unlawful and their removal can be demanded. If a resolution has been passed, you should check whether the required votes and quotas have been achieved. If a mistake has been made, you can challenge the resolution within 12 months (from the date of announcement). However, please also note that in the event of prolonged inaction on the part of the community, individual courts may grant protection of legitimate expectations.
Since summer 2015, we have been covering topics related to Spanish law in the bilingual magazine ‘La Guía’. Both the published articles and the answers to readers’ questions are reproduced in full in German and Spanish.
