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Professional Advice

Pregunta al Administrador: Constitución Comunidad a posteriori

In my building we are 6 neighbours which, to date, we have lived in the absence of a Community or a constitutive title. However, in last months there are emerging disagreements about different issues such as the need for an elevator and other issues relating to the maintenance of the building. Could we constitute a community if it was not done earlier?

Luis Alonso Z.

Administrator: Juan López

Yes, it can be at this time the community since all communities should be governed by the law of Horizontal property, are only excluded those of less than 4 owners, which will be governed by the system of Administration established in article 398 of the Civil Code

In addition article 2, paragraph b) of the Horizontal property law extends its application to communities that meet the requirements set out in article 396 of the Civil Code and had not given the constitutive title of Horizontal property. What you should do is check the registry of property to meet the writing of horizontal division and registered statutes and promote a general meeting to constitute the community

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