It’s not unusual to find in the communities of owners some neigbours that want to change a store in, for example, two properties. The applicable majority has always been a controversial point at the general meeting as well as in Courts.
In the last weeks, the Spanish Supreme Court (Civil Room) has issued the judgement 445/2020, of July 20th, in which they have determined it’s required the agreement of 3/5 of all the owners and coefficients and the administrative authorizations. They apply article 10 of the current Property Law, leaving behind the unanimous vote that former article 8 stablished in the previous version of the Law.
The judgement pertinently put into context that this majority will be the required as long as there’s no a prohibition in the Bylaws regarding the division of the elements of the horizontal property. In that case, the required majority would be unanimity.
Despite of the new of this judgement, the Supreme Court does not close a key matter, which is also very significant
- Inscription in the Registry of the new element and modification of the coefficients. Our opinion is very clear: we consider that both actions are mandatory.
