Modification or dissolution of the condominium

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1. Is it possible to modify the statutes of an existing condominium? If so, does the modification have to be registered in the Land Registry? Are there circumstances in which the registrar can refuse registration of the modification? If the modification is not registered, does it become operative?

Notwithstanding the possibility of the junction, in one, two or more units of the same building, provided they are contiguous, the title of the condominium constitution can be modified by public deed or private document authenticated, with agreement of all the joint owners. The administrator, on behalf of the condominium, may grant the deed or prepare and sign the particular document referred, provided that the agreement is recorded in the minutes signed by all joint owners (Article 1419 of the Civil Code).

The rules governing the condominium use, enjoyment and conservation of the common parts or whether the units and may be part of the title of the condominium constitution (Article 1418 of the Civil Code).

When there are more than four owners and the statue it is not part of the title of the condominium constitution, the regulation should be drafted to regulate the use, enjoyment and conservation of the common parts. In this case, the making of the regulation incumbent on the assembly of owners or administrator, if there the assembly does not elaborate it. (Article 1429-A of the Civil Code).

2. Does your law provide a mechanism for dissolving: (a) the community or association of owners (b) the condominium arrangement? How would this be registered?

The dissolution of the assembly of owners can only take place if the building ceases to be subject to the condominium regime, by deed, which is entailed by the agreement of all owners and determines that the relations between them start to regulate itself by the regime of common joint ownership, or in consequence of the destruction of the building.