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Professional Advice

Ask the Administrator: Building a swimmingpool

Good morning. My community is composed of 50 owners. We would like to have a swimming pool built in the common area. 35 of us are in favour and 2 neighbours are against it. The rest of owners just refrain themselves from it. Can we go ahead with that majority?

Carlos D.

Administrator: Juan López

Good morning. The amendments in the Horizontal Property Law bring a significant new ruling regarding this topic. According to the Art. 17.4, you need the vote of three fifths parts of the total owners, which also means the three fifths of the coefficients of participation. So, with the votes that you confirm that are in favour, you can go ahead.

But, if the amount that each owner will have to pay for the new element is higher than three monthly fees, the owners who do not agree with the change, cannot be obliged to pay for that and their community fees can´t be different than before. When that reluctant owner decides to participate, then, he will have to bear with the total costs accordingly to his part including possible interests of a delay.

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