After the last legislative amendments Royal Decree-Law 19/2021, of October 5, the requirements and procedures have been smoothed out, which we are going to detail:
The first thing the community must do is to submit it for approval at the General Meeting and approve it by a simple majority of votes (and participation fees) provided that its cost passed on annually, once public subsidies or aid have been deducted and financing has been applied where applicable, does not exceed the amount of nine ordinary monthly payments of common expenses.
If such majority is reached, which is the same for approving the installation of renewable energy sources for common use, as for the execution of works or actions that contribute to the improvement of the energy efficiency accreditable through a certificate of energy efficiency of the building, the cost of the installation and its maintenance will be considered as general expenses and the dissenting neighbor (who votes against) WILL have to contribute with the payment even if he/she does not agree.
However, in case the simple majority is not reached and some owner/s do wish the installation of photovoltaic panels or other renewable energy element, they can obtain the approval of the General Meeting with the vote of a third of the total of owners and coefficients, meaning that at the time of the meeting they must be present, as well as assume the cost of the installation and maintenance. However, we must be clear that the installation will be considered a common element, and the owners who wish to join later, must pay the amount that would have corresponded to them, duly updated, applying the corresponding legal interest and the neighbor who wants to join later, must pay the fees for the installation plus the maintenance for the time that the installation has been running.
From GESTIFINC we recommend the approval of internal rules to regulate the costs of subsequent registrations, the coefficient of energy generation that corresponds to each neighbor, etc. all with the advice of the company or specialized technician that the community has entrusted the project.
For the realization of works or installations that improve energy efficiency, there are aids and subsidies recently entered into force in the Valencian Community through the European funds Next Generation, planned for this year 2022 and 2023. In the case of other works such as accessibility or structural repair at the same time and in the same project as the energy efficiency improvement works, they will also be eligible for subsidies.
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