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Spanish property tenure?

Posted: Tue Feb 18, 2020 9:45pm
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Lancelot

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Evening.

Probably a numpty question but we are looking at properties on an urbanisation around a golf course. The property would come with an obligation to pay community fees and has shared communal areas including a pool. That part is fine and I know how much it costs pa.

My question is more about the likely tenure on the property - would it be freehold or come with some kind of shared leasehold. Are there Spanish words for this? It's a terraced bungalow which might abut another bungalow or a house or an apartment (one upstairs & one downstairs).

TIA.

Posted: Wed Feb 19, 2020 5:02am

jimtaylor

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Posted: Wed Feb 19, 2020 5:02am

The leasehold concept - traspaso - applies principally to businesses like bars and shops etc, where the occupant just buys the right to use a property for a defined length of time.

If you buy a property then it's 100% yours. On a community you also have a proportional ownership of the communal areas. 

Having ownership of part of the communal areas is fine if nothing major goes wrong with them. If something major does go wrong, and that is going to cost more than the contingency reserve that the community has to maintain in its accounts, then all the owners will have to pay their share of the remedial works.

Posted: Wed Feb 19, 2020 8:58am

Lancelot

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Posted: Wed Feb 19, 2020 8:58am

Thanks for that Jim. 

Do you happen to know what the legal requirement is for contingency allocation is within the community fund. Part of me is happier knowing that if the pool needs to be repaired the cost is shared but another part of me worries that the fund might not be in rude health and this might be partly why people have a place for sale, in that they have gotten wind that a large bill might be coming up.

Do you think the health of community funding is something my solicitor would check or might this be something I would need to ask them to do?  

Posted: Wed Feb 19, 2020 9:16am

jimtaylor

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Posted: Wed Feb 19, 2020 9:16am

I don't know how topical or accurate the following is, but it says:

Homeowners’ Obligations

Contributing, in accordance with their respective participation quotas, to the reserve fund that must exist in the association to attend the conservation and repair work for the property. This fund shall be allocated an amount that is no less than 5% of the association’s last ordinary budget.

http://www.ciudadanosextranjeros.es/wp-content/publicaciones/propiedad_horizontal_en.pdf

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