Horizontal Property Act 49/1960: A Comprehensive Guide to Spanish Property Law (September 2024 Update)

The Horizontal Property Act 49/1960 (Ley de Propiedad Horizontal) is the primary legislation governing the ownership and management of commonhold property in Spain. The Act was first enacted in 1960 and has been amended several times since then, most recently in September 2024.

Horizontal Property Act 49/1960: Law in Spain September 2024

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The Horizontal Property Act applies to all buildings that are divided into separate units that are owned by different people. These units can be apartments, offices, commercial units, or other types of property.

Key Provisions of the Horizontal Property Act

The Horizontal Property Act contains a number of key provisions that govern the rights and obligations of owners of commonhold property, the role of the community of owners, and the process for resolving disputes.

Rights and Obligations of Owners

Owners of commonhold property have a number of rights and obligations under the Horizontal Property Act. These include the right to:

• Use and enjoy their property
• Vote at meetings of the community of owners
• Stand for election to the governing body of the community of owners

Owners also have a number of obligations under the Horizontal Property Act. These include the obligation to:

• Pay their share of the community expenses
• Comply with the rules and regulations of the community of owners
• Maintain their property in good condition

Role of the Community of Owners

The community of owners is a legal entity that represents the collective interests of all the owners of commonhold property. The community of owners is responsible for managing the common areas of the property, such as the hallways, elevators, and swimming pool. The community of owners also sets the rules and regulations for the property, and enforces these rules against owners who violate them.

The community of owners is run by a governing body, which is elected by the owners at a general meeting. The governing body is responsible for making decisions on behalf of the community of owners, such as setting the budget, hiring contractors, and enforcing the rules and regulations.

Process for Resolving Disputes

Disputes between owners of commonhold property can be resolved through a variety of mechanisms. These mechanisms include:

• Mediation
• Arbitration
• Litigation

The Horizontal Property Act encourages owners to resolve disputes through mediation or arbitration, as these methods are generally less adversarial and less expensive than litigation.

Recent Amendments to the Horizontal Property Act

The Horizontal Property Act was amended in September 2024 to address a number of issues, including:

• The use of common areas by owners
• The installation of solar panels and other renewable energy sources
• The management of pet

Horizontal Property Act 49/1960: Law in Spain September 2024

5 out of 5

Language	:	English
File size	:	481 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	35 pages
Lending	:	Enabled

FREE