The Ownership Rights in the Ownership in a Community

The Ownership Rights in the Ownership in a Community

Right of Use and Enjoyment

The owner of a flat has the right to use this according to its destination and to take advantage of the yields that it produces, for example lease, as well as to use the common elements necessary for the proper use and enjoyment of the community.

However, these rights have certain limitations such as the prohibition of abuse of the rights, respect for easements of lights, views, to allocate the floor to regular and permanent housing in the case of a housing protection, the need for authorization of the city to carry out works as well as other specifics of the property regime.

Right of Alienation of the Flat

The owner of a flat can alienate it by sale, donation, but cannot do so with separation of the elements in co-ownership according to the property laws. It should be noted that the outside of the property law, there are other regulations that affect transmission, such as public housing.

Rights to Make Necessary Demands

If no owner may require new facilities, services or improvements not required for the proper conservation, habitability, safety and accessibility of the property, according to their nature and characteristics, it seems clear that he can demand and the community has the obligation to make such improvements when required by the proper conservation, habitability, security and accessibility of the property, according to their nature and characteristics.

Right to Sue

Any owner in the community may, in and of itself, bring legal proceedings directed to the defense of his rights and interests in relation to the ownership of the flat as well as to those situations that affect the right of the commoners in general in cases of passivity or inertia of the community of owners.

Other Rights

Any owner has the right to request that the Board of Owners Association studies and pronounces on any matter of interest to the community, for which purpose he will direct a written document, clearly specifying the matters he asks to be treated by the President of the Owners Association, to attend and participate in the Boards of Owners and the right to vote therein, although he will be deprived of this if he has debts due with the community, unless he has challenged them judicially or notarized judicially.

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