The new Law will strengthen the fight against those who do not pay their community fees, in addition, the text brings as novelties the modifications related to energy improvement in communities of owners.
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What are the main changes in the Horizontal Property Law?
Although most of the update of the LPH revolves around aid for rehabilitation, some modifications in the LPH are also included to empower the communities of owners greater sanctioning capacity to act against delinquency, being able to make decisions and strengthening the fight against those who do not pay their fees.
Although the Horizontal Property Law has undergone some modifications following the approval of the Housing Rehabilitation Law 10/2022, of June 14, of urgent measures to promote building rehabilitation activity. This law was born with the aim of promoting the rehabilitation of residential housing, as more than half of the residential buildings in our country are older than 1980, 75% are not accessible, and 84% have poor energy ratings. Although the regulation contemplates temporary deprivation to delinquent owners regarding the use of certain common areas that integrate the community.
Among the main modifications and novelties, we find the following:
Rehabilitation works that contribute to energy improvement
The main novelty is the modifications related to rehabilitation works or the implementation of energy sources in the communities. In this line:
The decision-making in the communities of owners for access to financing for all works to improve the energy efficiency of buildings.
Simple majority regime
A regime of simple majority to adopt agreements aimed at carrying out such works, as well as to request aid and financing for their development.
Costs of the works
The cost of works aimed at energy rehabilitation will be considered as general expenses. The general expenses are those that a community needs for the adequate maintenance of the property, its burdens, services, and its payment corresponds to all co-owners.
Architectural elements
The obligation for owners not to alter the common architectural elements of the building and maintain the good condition of the home.
The legal text also includes modifications in the treatment of pending payment receipts. Specifically, regarding delinquents:
What use may the Communities of Owners prohibit a delinquent owner?
They may prohibit temporary use of non-essential common areas such as gyms, sports courts, swimming pools, parks, or gardens. However, the community it may not restrict the use of an essential service such as the elevator.
