Since last June 29, 2013, entered in force the new LAW 8/2013 OF URBAN REHABILITATION, REGENERATION AND RENEWAL . It was born, among other issues, to facilitate and boost the rehabilitation of the vast existing housing stock throughout the national territory. Our legislators have “retouched” a large number of laws, among which is the Horizontal Property Law, a framework that regulates the daily and complex life of coexistence in the Communities of Owners.
Among other issues, the most striking are:
OCCUPANCY OF PUBLIC SPACES:
Now and under the protection of the removal of architectural barriers and the precept of UNIVERSAL ACCESSIBILITY, if necessary, parts of the public spaces, owned by municipalities, that are required for the installation of an elevator, a ramp, etc. can be occupied. It will be the city council that, even when it has to modify the Urban Development Plan, must enable said modification to grant the necessary authorization that allows “in its fair measure” to carry out said work.
EXECUTION OF REHABILITATION WORKS WITHOUT AUTHORIZATION OF THE BOARD:
The obligation of the Community to carry out certain works is determined without the need for the agreement of the Homeowners’ Meeting, whether or not they imply modification of the Constitutive Title or the Statutes, limiting the agreement to the distribution of the pertinent spill and the determination of the terms of your subscription.
INCREASE IN CREDIT PREFERENCE IN FAVOR OF THE 3+1 COMMUNITY:
The real affection and the preferential credits are increased up to three years, in this way a property that is transferred, the new owner will be required to pay the debt of the current annuity and up to three calendar years ago. This is the main and largest legal reform carried out to reduce and/or combat delinquency in the communities of owners, which is currently estimated at: 250,000 MILLION euros, only from financial entities, data provided by the CGCAFE
MODIFICATION OF MAJORITIES:
+ The unanimity regime is lowered to three fifths for certain works that affect the structure and fabric of the building, requiring in any case administrative authorization.
+The installation of the elevator that with the wording of the previous Law was approved by three-fifths of all the fees and owners, must now be done by a majority of all the fees and owners
+The improvements, until now regulated in article 11 (repealed) are now regulated in this article, increasing the quorum for their approval, before the agreement of the majority was sufficient and now it is necessary that of three fifths of the total quotas and owners
In future posts we will be expanding and commenting on these and other issues because at AF gestifinc we care about our training and updating.