How can be built an storage room in an owners' community?
We will begin this text with a warning: you cannot build a storage room unilaterally and impose this action to the rest of the owners. How can you then consider, debate and vote to build one in the community of owners? Below we explain in order the fundamental points according to the Catalan law. To give more information we add this link provided by @sepineditorial that describes the Horizontal Property Law which prevails in the rest of Spain.
1. What legislation regulates aspects related to Homeowners' meetings in Catalonia?
The Catalan Civil Code, and it does so exclusively: you can read the whole code at the following link.
2. Can you being a tenant propose to owners the construction of a storage room in the meeting?
No, only owners can do it. Do you have more doubts about the celebration of the owners meeting? We answer in this link.
3. How does the Catalan Civil Code regulate the adoption of agreements at the owners' meeting?
According to article 533.11 of the CCC, it will be necessary to analyse whether there are any provisions in the community's statutes -if any- regarding the use of private elements and common elements.
Once agreed, the proposal must be included as one of the items on the agenda of the meeting. Specifically, article 553-25 of the CCC regulates the general system for adopting resolutions. These can be approved by: simple majority, 4/5 parts or unanimously depending on the subject.
4. What is the quorum required for the approval of works?
Here it is necessary to find out if the use of the common space as storage rooms is for a few owners or if it is intended to assign each owner his own space by delimiting it.
If it is for the use of everyone and without compensation, the agreement can be taken by a simple majority. However, it will be necessary to be focus on the specific case.
5. Can the storage room be voted and approved if not all the owners attend to the meeting?
Yes, in fact, it is very common for not everyone to go to the Meetings. In this regard, it should be mentioned that in article 553-24 the legislation provides for the vote delegation.
However, the approved agreement must be notified to the absent owners so that it cannot be challenged on this basis. If, once the agreement of the Meeting has been reliably notified, no one present opposes it, it will be recorded as approved within 30 days.
6. What happens if the adopted agreement is rejected by an absent owner at the meeting?
In this case, the secretary will count the votes and draw up an annex to the minutes with the final consolidated vote. This 'consolidated' result will be the final one. Obviously, in the event that there are more negative votes than affirmative votes here, the construction of the storage room will be completed.
7. Is everyone obliged to pay for the work?
Yes. It is understood that this happens as in the case of the neighbours on the ground floor who have to pay for the lift even though they do not use it much. Surely this step is the one that will raise more resistance in the whole process.
8. Can the private use of a storage room be attributed to the owner?
Yes. In this case, there are three assumptions:
1. Free transfer of the common elements that have a common use you need a simple majority.
2. Assignment for a consideration of less than 15 years requires a simple majority
3. Assignment for periods longer than 15 years requires a qualified majority of 4/5
9. What if the board considers the storage room unnecessary?
In case the proposal is rejected, you must accept it because the Owners' Assembly always decides. However, during the previous discussion we recommend you:
1. Try to know all the owners
2. Think about their possible objections
3. Prepare your arguments
4. Use dialogue by putting yourself in the other's shoes
In Finques Feliu we will help you, our real estate agents are prepared to mediate between contradictory interests and our commercial team will attend you with the same dedication. Welcome to our website search engine.