Repair and improvement works, what obligations does the community of owners have?

The community of owners has the obligation to keep the farm in good use and in a state of conservation. For this, it must carry out the necessary works for the adequate maintenance and conservation of the property and its services, so that it meets the due structural, sealing, habitability and security conditions.

In the event of a discrepancy between the neighboring owners in the type of works to be carried out, it is the Board of Owners that can decide how to proceed. But the interested parties may also request arbitration or technical opinion in the terms established in the law. However, the owners who oppose or unjustifiably delay the execution of this type of works must be individually liable for the sanctions that may be imposed administratively by the competent authority.

What if the works are not necessary?

No owner can demand new facilities, services or improvements not required for the proper conservation, habitability and security of the property, according to its nature and characteristics. Therefore, when the community of owners validly adopts agreements to carry out innovations that are not required and whose installation fee exceeds the amount of three ordinary monthly payments of common expenses, the owner who does not agree will not be obliged to second it, nor will the fee be modified, even if the upgrade or benefit cannot be denied. In addition, innovations that make any part of the building useless for the use and enjoyment of an owner will require, in any case, the express consent of the owner.

In any case, if that same owner changes his mind in the future and wishes to participate in the advantages of the innovation, he will have to pay his fee in the realization and maintenance expenses, duly updated by applying the corresponding legal interest.

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Private works

If we refer to the works that each owner wants to carry out on their own in their home (or premises), they can do them as long as they do not undermine or alter the safety of the building, its general structure, its configuration or the exterior state, or harm another owner. However, in some cases you may need a Municipal License to carry out these works, so it is convenient to inquire in advance. And, in any case, you must inform the Community in advance.

On the other hand, the owner and the occupant of the flat or premises are not allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on activities. nuisance, unhealthy, harmful, dangerous or illegal.

The president of the community, on his own initiative or that of any of the owners or occupants, may ask whoever performs the prohibited activities to immediately cease them, under warning of initiating the appropriate legal actions. In the event that the offender persists in his conduct, the President, with prior authorization from the Board of Owners (duly convened for this purpose), may initiate an injunction against him as provided by law.