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?

Yes, it is possible to modify the statutes from then on. Furthermore, it often happens insofar as it’s convenient or useful to update statutes to new requirements.

In a general rule (there are some exceptions but seldom relevant for registration purposes), statutory modifications shall be carried out by a unanimous agreement of the board of proprietors.

However, if a modification involves changes on some flats or premises, the individual consent of their owner shall be specifically required. Otherwise, land registrars will refuse registration (and also do if new clauses are not in accordance with Law for any reason).

Registration in Spanish LR system is not compulsory but voluntary and this rule doesn’t change in case of statutes. But not registered clauses shan’t be able to be developed or invoked before Land Register.

For instance: let’s imagine that is not registered a new statutory clause that allows dividing premises by free decision of the owner and without authorisation of the board of proprietors. If this division is carried out, the subsequent land registrar’s decision will be a refusal because he will find in the land books nothing allowing the free division.

Finally: they will be taken into account formal requirements and —we insist— the further statutory modifications should be in accordance with Law.

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?

Substantially, Condominium shall be legally dissolved in two cases: destruction of the building (except if proprietors agree to continue this regime even so) or agreement of the proprietors to turn it into an ordinary ownership or co-ownership.

It’s important to remark that registration of the dissolution or extinction shall also require a unanimous agreement of the owners. It’s not enough to certify the fact of destruction of the building.