Amendments to the horizontal property regime
Law 8/2022, published on 10 January, amends the horizontal property regime, introducing relevant changes concerning the powers of the condominium manager, responsibility for maintenance and use charges, the holding of the general meeting of the condominium owners, among others.
In the aftermath of these changes, most coming in to force on the 10th of April, we highlight the most relevant points for future transactions on units:
Declaration of (non) condominium debt
Liability for condominium charges in case of purchase and sale
The seller of the unit requests the condominium manager to issue a declaration stating the amount of all condominium outstanding, specifying its nature, respective amounts, and payment deadlines, as well as, if applicable, the existing debts, their nature, amounts, constitution, and due dates. This document must be issued within 10 days, and it is a mandatory document for the deed or certified private document of purchase and sale of the unit in question, unless the purchaser expressly states in the deed or certified private document that he/she waives the manager’s declaration, consequently accepting responsibility for any debt owed by the seller to the condominium.
All condominium charges, regardless of their nature, which fall due after the transfer of the unit
are the responsibility of the new owner.
Payment of expenses and charges related to the necessary maintenance and use of the common areas
Unless otherwise provided, the expenses necessary for the maintenance and use of the common areas of the building and for the payment of services of common interest are the responsibility of the unit owners at the time of the respective resolutions and are paid in proportion to the value of the respective units.
The expenses related to the payment of services of common interest can, by means of a provision of the condominium regulations approved, without opposition, by most of the unit owners representing much of the total value of the building, be borne by the unit owners in equal shares or in proportion to the respective use, provided that the criteria determining their allocation are duly specified and justified.
Information duties of the condominium owners
The unit-owners must inform the condominium manager of their tax number, address, telephone number and email address, and update this information whenever it changes.
The selling unit owner must notify the manager of the sale by registered mail, mentioning the full name and tax identification number of the purchaser, within 15 days, otherwise he/she will be liable to pay the costs of identifying the new owner and the costs incurred for the late payment of any charges due after the sale.
Common areas of exclusively use by one unit
Expenses related to the common parts of the building which are exclusively used by one of the units’ owners shall be borne by those who use them.
In case there is an area of exclusive use of one unit and this area affects the maintenance condition or the use of the other common parts of the building, the owner in favour of whom the exclusive use of the common parts is assigned shall only bear the value of the respective repair expenses in proportion to the value of his unit, except if the need for repair is due to his/her own fault.