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Professional Advice

Pregunta al Administrador de Fincas: Constituir comunidad

I am owner of several dwellings in a building that I’ve acquired by inheritance. In the building currently live other 5 neighbors, but the community as such is not settled, nor is there constitution title, what can we do at this time?

Faustina H.

Administrator:  Juan López

You shall contitute the community and run it according to art.2 b) of Ley de Propiedad Horizontal, since that rule state that the law will be applicable to: “comunities in accompliance of description given by art.396and they had not given the constitutive title of horizontal property. These communities are governed, in any case, by the provisions of this law concerning the legal status of property, its proprietary parts and common elements, as well as in terms of rights and mutual obligations of the comuneros”.

 

You should know that this community that talks already constitutes a “horizontal property of fact”, since the building is physically divided into different floors or shops with different owners but has not been formally divided by establishing corresponding title. However, the horizontal property regime is only formally constituted through the granting of the title, such as Act or express declaration by which the owners of the property assigned this to the horizontal property regime, with determination, description of the building and the corresponding quotas of participation, i.e. the legal act that gives life to this form of ownership. So, in any case, it is important remedies among all the owners to develop the same and its inscription in the registry of property.

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