Some weeks ago, through Law 10/2022, of 14 June, on urgent measures to boost building refurbishment activity in the context of the Recovery, Transformation and Resilience Plan, certain amendments to the Horizontal Property Law came into force. On this occasion, the legislator has modified or extended the following aspects, which can be grouped into two large blocks:
I) In the commitment to renewable and sustainable energies, the majority required to carry out repair works that contribute to the improvement of the building’s energy efficiency or the implementation of renewable energy sources for common use has been reduced to a simple majority, as well as for the application for aid and financing for their development.
In this sense, another noteworthy modification is that once the expenditure has been approved, it is binding for all owners, unlike other wording of the Law for this type of works.
II) In relation to Debtors, other types of procedures such as mediation and arbitration are to be encouraged. Likewise, the sanctioning capacity is established for communities of owners, legitimising them so that they can sanction the defaulter by depriving him/her of the use of facilities and/or common elements that are not essential and to apply interest on the debt that is higher than the interest on money. The deprivation of the use of facilities follows the line already established by case law following the resolution of November 2012 of the Directorate General of Registries and Notaries.
On the other hand, it establishes the possibility of claiming the debt that has accrued after the liquidation agreement, limiting this possibility to those that have accrued up to the time of notification of the amounts owed to the debtor.
