Homeowners of Murcia resorts urged to vote and make their voices heard at Town Halls

Homeowners of Murcia resorts urged to vote and make their voices heard at Town Halls

“Municipalities, as local governing bodies, are responsible for essential public services such as urban planning, transportation and culture. Participating in these elections means having the oportunity to directly influence policies and decisions that impact your daily life”.

In other words, by creating real involvement when it comes to policies at the Town Hall, it is sure that the situations of the homeowners will be improved in the Resorts.

For further information the hole article can be found in the following link:

https://murciatoday.com/homeowners-on-murcia-resorts-urged-to-vote-and-make-their-voices-heard-at-town-halls_2134309-a.html
¿Tienen obligaciones fiscales las comunidades de propietarios?

Do the Communities of owners have tax obligations?

Many Presidents and Boars of communities of owners wonder if the communities have tax obligations and the answer is yes, a lot. Beyon those that they have when they are set up, for instance, registering in the Tax Office via form 036, we can find:

Form 347.-  This  informative form is compulsory for the case of commercial relationships with third parties, as suppliers as creditors, for amount higher than  3.005,06 €  per year using as a base the previous year.

For instance, if the Community contracts companies for regular services as gardening, security, etc., it’s likely that they must submit this form,

Form 184. – The communities of owners may be obliged to in case of, for example, having received subsidies.

Forms 303 and 390.- These forms relating to the quarterly VAT and the annual summary, respectively, must be submitted in the event that the community carries out any economic activity, such as renting common areas for the installation of a cell phone antenna or the installation of an advertisement on the facade.

In this case, in addition, it will have to be registered previously in the Tax Office through the model 036.

Forms 111 and 190. – These forms correspond, respectively, to the quarterly IPRF withholdings and their annual summary, and must be filed when the community has a business relationship with professionals who issue withholding invoices, such as lawyers, architects, etc.

Failure to comply with the obligation to file the aforementioned forms may result in serious financial penalties for the association, and it is therefore always advisable to hire registered administrators who can provide diligent and professional advice.

Plan Moves III. Ayudas a la movilidad eléctrica.

Moves III Programme. Aid for electric mobility

The Regional Department y of Enterprise, Employment, and Universities of the Región de Murcia has announced aids related to the incentive programme for electric mobility (MOVES III programme).

In addition to aid for the private purchase of electric vehicles, in the case of communities of owners the channelling for the electrical pre-installation of recharging as well as the communications service to provide intelligent recharging will be eligible for subsidies.

Subject to certain requirements, conditions and limits, aid may be up to 70% (80% in municipalities with less than 5,000 inhabitants) of the cost.

The deadline for submitting applications will begin at 9:00 a.m. on 30 September 2021 and will end on 31 December 2023. The processing and granting of aid will always be carried out in strict order of registration of entry.

The public administrations are committed to this type of mobility, which is more sustainable and environmentally friendly, so it may be a good time for communities of owners associations to undertake actions that will help to consolidate it.

¿Qué mayoría se requiere para agrupar dos propiedades en una comunidad de propietarios?

What majority is required to group two properties in a community of owners?

It is not unusual for a neighbour to want to group two properties in a community of owners. This action can be carried out, but like so many other modifications that entail substantial alterations, it must meet a series of requirements.

A) Firstly, in application of article 10.3 b) LPH, administrative authorisation is required. The competent Town Hall must be notified of the work to be carried out as it could have an impact on a structural element. This is, in our opinion, a prerequisite.

B) Secondly, an agreement of the community of owners is also required. Since the reform of the Spanish Property Law in 2013, and this has been ratified by the Supreme Court in its Ruling of 20 July 2020, the required majority is 3/5 of votes and participation coefficients.

Once these two requirements have been met, the owner may start the works.  If the two requirements are not met, the work could be considered illegal and the restoration of the initial situation could be requested.

Novedad legislativa: Modificación del artículo 17.2 de la Ley de Propiedad Horizontal

Legislative news: Amendment to article 17.2 of the horizontal property law

On Wednesday 6 October 2021, Royal Decree-Law 19/2021, of 5 October, on urgent measures to boost building refurbishment activity in the context of the Recovery, Transformation and Resilience Plan, was published in the Official State Gazette and came into force.

This Royal Decree includes, among others, an amendment to the Horizontal Property Law (LPH) with the aim of making it easier for community of owners to take decisions and potentially obtain financing when it comes to actions that contribute to improving the energy efficiency of the building.

Following the amendment, it is reaffirmed that any adoption of an agreement in this sense will only require a simple majority and will be binding on all owners. It also relaxes the conditions for a community of owners to be eligible for external financing.

Nuevas medidas contra la morosidad en las comunidades de propietarios

New measures to discourage late payment in communities of owners

We have already mentioned in a recent article that Law 10/2022, of 14 June, on urgent measures to boost building refurbishment activity in the context of the Recovery, Transformation and Resilience Plan, had introduced certain amendments to the Horizontal Property Law (LPH) in relation, among other aspects, to debtors. Specifically, we can find three main blocks:

I. It establishes that interest, even higher than the legal interest rate, and a surcharge may be applied to the debt. The surcharge was a matter that had already been used peacefully as long as the limits of around 20% were not exceeded, but the legislator wanted to include it in the Law.

The law clarifies that interest or surcharges may not be applied retroactively.

II. Similarly, the debtor may be deprived of the use of common elements. This action with respect to, for example, swimming pools had already been envisaged since a favourable ruling in this regard by the Directorate General of Registries and Notaries in November 2012, but now the legislator dispels any doubts. It clarifies that these measures may be included in the Statutes.

This measure has limits: the deprivation may not affect essential elements for the habitability of the property such as, for example, lifts. Likewise, abusive or disproportionate measures may not be agreed.

III. With regard to the legal claim (monitorio), it is established that the Administrator may initiate it on behalf of the Community. Previously, only the President or legal professionals were entitled to do so.  In any case, it should be borne in mind that in the event of opposition, and depending on the amount, the intervention of a lawyer and solicitor may become compulsory.

Another significant aspect is that the Certificate of Debt, as long as it is issued by a professional Secretary – Administrator, it is no longer necessary for it to have the approval of the President.  In the case of a non-professional, it must be approved by the President.

Finally, these measures reiterate that the claim must entail the imposition for the debtor to pay the legal costs, and seek to promote the use of mediation and arbitration to end debt claim proceedings.

¿Puedo utilizar la piscina común si únicamente soy propietario de una plaza de garaje?

Can I use the communal pool if i only own a parking space in the community?

In some communities of owners, you can find cases in which a person owns a parking space but not a property. This raises doubts about the use of the communal elements, mainly those related to not essential activities as pools or tennis courts.

The Civil Room of the Supreme Court, in its judgement 67/2006, of February 2nd, already referred to this particular matter determining that being the owner of a parking space does not give the right to use the communal pools.  Furthermore, the Supreme Court clarified in the resolution that it is not necessary to approve the prohibition of use at the meeting

To conclude this legal reasoning, the Supreme Court states: “the use of a communal swimming pool must always be understood, by pure logic, as for the use and enjoyment of the owners of the community properties. Of course the owner of a parking space, who is not the owner of a home, can never use a common element of the community that has nothing to do with or serves for a better use of a parking space”.

Therefore, it is clear that being the owner of a parking space does not provide all the rights as a user of communal areas, avoiding situations of offence with respect to those who do own a home.

In any case, you should consult with professional and collegiate administrators when a similar circumstance arises.

Resortalia se acredita como agente y gestor de rehabilitación dentro de las ayudas y subvenciones para las comunidades de propietarios incluidas en el Plan de recuperación de los Fondos Europeos

RESORTALIA is accredited as a rehabilitation agent and manager within the aid and subsidies for communities of owners included in the european funds recovery plan

A few months ago, the national government presented the “Plan de Recuperación, Transformación y Resiliencia” (Recovery, Transformation and Resilience Plan), which will guide the execution until 2023 of 72,000 million euros of European Next Generation funds, earmarked to repair the immediate economic and social damage caused by the coronavirus pandemic.

In many cases, the regional governments will be responsible for implementing the procedures once the funds are available. Among the aids, there are some from which communities of owners will be able to benefit.

Within the aforementioned plan there is, for example, a programme aimed at ascertaining the state of buildings within the “Programme for the preparation of the existing Building Book for refurbishment and the drafting of repair program”. This programme has, among others, direct subsidies of between 700 and 3,500 € for the elaboration of the Building Book and between 4,000 and 30,000 € for the elaboration of the Repair Program.

There is also another programme for actions aimed at improving energy efficiency at building level, with grants ranging from €6,300 to €18,800, which will be linked to achieving energy savings of between 30 % and 60 %, as well as actions to improve the façades, roof, elements of the envelope such as carpentry, etc.

For the application of these aids, it can be found the “agent and manager of rehabilitation” that can present, process and even execute the aid for energy rehabilitation, and whose fees would also be included in the eligible costs.

Resortalia will include this management in its supply of services.

With these grants, possibilities for improvements to buildings to adapt to more sustainable times are opened up. This challenge needs the best coordination between public administrations so that the aid reaches the communities of owners and neighbours.

If you need professional advise, please do not hesitate to contact us on info@resortalia.com

Modificación de la Ley de Propiedad Horizontal – junio 2022

Modification of The Horizontal Property Law – JUNE 2022

Some weeks ago, through Law 10/2022, of 14 June, on urgent measures to boost building refurbishment activity in the context of the Recovery, Transformation and Resilience Plan, certain amendments to the Horizontal Property Law came into force. On this occasion, the legislator has modified or extended the following aspects, which can be grouped into two large blocks:

I) In the commitment to renewable and sustainable energies, the majority required to carry out repair works that contribute to the improvement of the building’s energy efficiency or the implementation of renewable energy sources for common use has been reduced to a simple majority, as well as for the application for aid and financing for their development.

In this sense, another noteworthy modification is that once the expenditure has been approved, it is binding for all owners, unlike other wording of the Law for this type of works.

II) In relation to Debtors, other types of procedures such as mediation and arbitration are to be encouraged. Likewise, the sanctioning capacity is established for communities of owners, legitimising them so that they can sanction the defaulter by depriving him/her of the use of facilities and/or common elements that are not essential and to apply interest on the debt that is higher than the interest on money. The deprivation of the use of facilities follows the line already established by case law following the resolution of November 2012 of the Directorate General of Registries and Notaries.

On the other hand, it establishes the possibility of claiming the debt that has accrued after the liquidation agreement, limiting this possibility to those that have accrued up to the time of notification of the amounts owed to the debtor.

La Ley de Bienestar Animal puede cambiar muchas cosas en las comunidades de propietarios

Animal Welfare Act may change many things in Communities of Owners

Barking on late night hours, too many cats in a property that roam freely in the community, excrements on common areas, and so on… Are you familiar to this? Very often, at Resortalia we have to intervene in problems of connivance between neighbors derived from the ownership of pets: dogs, cats, reptiles, etc.

Recently, it has been published 9/2022 Act, from 30 June, on the protection of domestic animals. What do we mean by domestic animal? An animal that has been bred and belongs to a person who does not use the animal to make money. In other words, this includes regular pets that your or your neighbors keep in their homes

Thus, the new Animal Welfare Act, or as it has been colloquially named, the Ley Belarra, establishes new obligations for owners in general, and obligations for owners who live in a community of owners in particular. There are, indeed, three major issues related to communities of owners:

  1. The responsibility of the owner for any damage, harm or nuisance that the animal may cause, as, for example, barking of dogs.
  1. Prevent animals from depositing their excrement and urine in places where other people usually pass. However, in the terrible event this may happen, it will be mandatory to clean and quit it with biodegradable products.
  1. Prohibition of keeping dogs and cats tied up or roaming in public spaces without the supervision of the person responsible for their care and behavior.
  1. Prohibition of habitually keeping dogs and cats on terraces, balconies, rooftops, storage rooms, basements, patios and the like or in vehicles, as long as the common place to keep the pet is inside the house.

The consequences of not complying with these obligations can result in minor or serious infringements, which can lead to fines of between €500 and €10,000, or €10,000 and €50,000 respectively.

In summary, as regards community of owners, it can be said that owners, in common areas, must take care not to let animals run loose without supervision, remove and clean up urine and excrement, and, in general, avoid any nuisance to the rest of the neighbours.

As far as owners are concerned, care should be taken to ensure that animals are kept indoors on a regular basis, not on balconies, terraces or roof terraces, and to continue to ensure the tranquility of the community through good pet behaviour.

Obviously, the ideal is that healthy coexistence between neighbours and respect for the community on the part of pet owners avoids uncomfortable situations for everyone, but it is true that, with the application of this law, life could become very difficult for uncivil pet owners.

If you have problems of this type in your Community, we recommend that you contact your Community Administrator, who will know how to guide you through the steps to follow. At Resortalia Community Administration, we have a lot of experience in mediation and conflict resolution between neighbours and their pets.