Main Home
Horizontal Property Act
Horizontal Property Act
Communities of home owners are made up of all of the Home Owners in single building, and are government by the Horizontal Property act and the statutes of the Community itself.
Within any community there are private components, which refer to each one of the homes and commercial spaces in a building, as well as garages or storage areas that have been configured as such; and common components that have been set up to provide a common service to all of the owners in a Community.
The Horizontal Property Law, in Article 17, Section 7, makes mention of energy supplies in the following terms:
Article 17.
The agreements of the Meeting of Owners will be subject to the following regulations:
The agreements of the Meeting of Owners will be subject to the following regulations:
1. The installation of common infrastructure for access to the telecommunications services regulated by Royal Decree-Law 1/1998 of February 27th, regarding common infrastructure in buildings for access to telecommunications services, or the adaptation of existing infrastructure, as well as the installation of common or private systems, exploitation of renewable energies, or the infrastructure necessary to access new collective energy supplies, may be agreed upon, by request of any owner, by a third of the members of the community represented, and in turn, by a third of the participation quotas.
2. The community may not place the cost of the installation or adaptation of said common infrastructure, nor the derivatives from their later maintenance and conservation, upon those owners who have not voted expressly in favour of the agreement in the Meeting. However, if they later wish to request access to the telecommunications services or the energy supply, and this requires making use of the new infrastructure or the adaptations carried out to pre-existing infrastructure, they may be authorized to do so long as they pay the amount that would have corresponded to them, duly updated and applying the corresponding legal interest.
In spite of that set forth in the previous paragraph regarding conservation and maintenance costs, the newly installed infrastructure will be considered, for the purposes established by this Law, to be a common components.