Community or association of owners

1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?

2. In this case, does Law this association have a legal personality?

3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?

Owners govern the common thing with decisions taken by a majority in the assembly (Articles 1135, 1136 and 1137 of Civil Code).

The assembly can only take decisions about the common areas but can  not sell or buy them. Should this be the case it is necessary an unanimous decision.

Interpreting new art. 1117 ter (which will enter in force June 13th 2013) some jurists consider it possible to sell common areas, but this opinion belongs to a minority.

The community of proprietors has no legal personality and the rules applicable are mainly those of the ordinary regimen for co-ownership, integrated with some special regulations. The condominium in itself is not a  subject and thus is not a right holder.

Only the owners of single units are rightholders. The proof of this is that single owners can take part to a trial where condominium rights are the question.

The administrator of the condominium represents all the co-owners but they are exclusively the right holders.