GIPE Newsletter (Nº 24.150) March, 7th 2025

COMMUNITIES OF OWNERS:

DEFAULTER OWNERS ALSO HAVE RIGHTS

In communities of neighbors, it is common that some owners are not up to date with their payments. An owner who has not paid the overdue, clear and payable fees, whether ordinary or extraordinary, is considered a debtor. Although these owners have the right to attend meetings and express their opinion, the legislation limits their voting capacity and their right to challenge agreements until they regularize their situation.

Key points to keep in mind:

• For the voting restriction to be valid, the meeting notice must include a list of the owners with debts, warning that they will not be able to exercise their vote if they have not settled their payments before the meeting.
• It is advisable to check the status of the payments again at the beginning of the meeting, since if an owner settles his/her debt just before the meeting begins, this fact must be recorded in the minutes and he/she must be allowed to vote.
• When calculating majorities, owners with debts are not included in the count.
• The law allows the community to take measures to combat late payment, including restricting the use of certain common areas that are not essential for habitability.

REAL ESTATE PROPERTY:

VOLUNTARY RE-PARCELLING PROPOSAL

You have been offered to participate in a voluntary re-parcelling process. Through this procedure, you – alone or together with other affected owners – give the city council part or all of a property that it needs to carry out projects of public interest, such as the construction of a park, sports facilities or a new street.

Key aspects to consider:

• It is essential that this process has an objective of general interest and that the city council presents you with a detailed re-parcelling project.
• Unlike expropriation, in re-parcelling both parties are interested in it being carried out, since you might not be using that land and it would be in your interest to give it up.
• This procedure offers you more room for negotiation: you can submit a counterproposal, challenge the project in whole or in part, or even reject it.
• In contrast, in expropriation, the options for opposition are more limited, as you can only challenge the value of the compensation or point out possible errors or irregularities in the process.

GIPE: Together we will be stronger.