The National Integrated Energy and Climate Plan (PNIEC) 2021-2030, establishes the goal of achieving energy rehabilitation of 11,2 million homes throughout the period of 2021-2030.

In order to promote the rehabilitation works that contribute to improving the buildings energy efficiency or the implementation of renewable energy sources in the common areas of the buildings, modifications are included in the regime of the communities of owners.

In addition to the undoubted importance of measures of an economic nature, (with aid and tax benefits), practical aspects have been regulated that will allow communities of owners to implement them more easily, for example, to facilitate community agreements, it is established that the approval of the works and/or the request for aid can be approved at the meetings by simple majority.
The cost of the works or actions and/or the payments to cover the financing will be considered as general expenses.

The co-owners must also contribute, depending on their participation share, to the endowment of the reserve that will exist in the community of owners to attend to the conservation and rehabilitation works of the building. The ownership of the reserve fund belongs to the community, and it will be endowed with at least 10 percent of the last ordinary budget of the community. Charged to the reserve fund, the community may sign an insurance contract that covers the damage caused to the property or conclude a permanent maintenance contract for the property and its general facilities.

Carrying out works to remove architectural barriers that hinder the access or the mobility of people with disabilities and, in particular, the installation of an elevator, even when it implies the modification of the foundational title, or of the statutes of the community, will require the favourable vote of the majority of owners, who, in turn, represent the majority of the participation shares.

When agreements are established by the community to carry out accessibility works, the community will be obliged to pay the expenses, even the amount passed on annually exceeds twelve ordinary monthly payments of common expenses.

Carrying out works or actions that contribute to the improvement of energy efficiency accredited through the building ́s energy efficiency certificate or the implementation of renewable energy sources for common use, as well as the request for aid and subsidies, loans or any type of financing by the community of owners to public or private entities to carry out such works or actions, will require the favourable vote of the simple majority of participation shares, provided that the amount passes on annually, once subsidies or public aid have been deducted and the financing applied, where appropriate, does not exceed the amount of twelve ordinary monthly payments of common expenses.

On the other hand, the Law modifies article 21 that refers to the non-payment of common expenses, measures to prevent it and the judicial claim of the debt and mediation and arbitration. The board of owners may agree dissuasive measures against the delay in payment for the time in which it remains in said situation, such as imposing interests higher than the legal interest or temporary deprivation of the use of services or facilities for owners who are not up to date with the payments, provided that the measures are not abusive or disproportionate or that they affect the habitability of the properties.
The debts to the community will accrue interest from the moment in which the corresponding payment must be made and is not made effective.

The community may claim from the community member, the debts for common, ordinary, extraordinary, general or individualised expenses, or reserve fund, and through the special judicial process called “payment procedure” (procedimiento monitorio in Spanish), applicable to the communities of property owners under the horizontal property regime. The registered owner can be sued, in order to support the execution on the property registered in his name.

To file the order for payment procedure, a certificate of the community agreement will be provided stating the settlement of the debt, with the amount owed, its breakdown and justification of having notified the debt to the person obliged to pay. It may also be communicated on the bulletin board or a visible place in the community for a period of at least three days. Approved fees that accrue up to the notification debt, all expenses and costs for claiming the debt, including those derived from the intervention of the administrative secretary, lawyer and solicitor, may be included in the letter to the court. When the debtor judicially opposes to the payment, the community may request the preventive seizure of sufficient assets of the debtor, to meet the amount claimed, interest and costs. The court will agree to the preventive seizure of the debtor ́s assets without the need for the community of owners to present a guarantee.

The communities may also choose to take the claim to mediation-conciliation or arbitration, instead of through a judicial procedure.

(Feature: Legal/Communities)