Legal
status for ownership of flats and properties forming an
integral and indivisible part of one single building,
regulating relations between the owners of homes and flats.
This
area includes everything in relation to Communities
of owners or neighbours and as a result all rights
and obligations of owners (use and respect of
installations, maintenance of one’s own flat and
shared elements, repairs necessary to ensure the correct
maintenance of the property, contribution to maintenance
costs in a proportion according to the quota of ownership,
obligations to contribute to reserve funds and other conflictive
aspects); the eternally thorny difference between
shared and private elements; residents’ associations;
meetings, presidents, secretary and administrator; assistance
and drafting of minutes from residents’ association
meetings; contesting agreements reached at these
meetings; drafting Community Statutes; legal demands
for unpaid amounts and unauthorized construction work,
etc.
Status of private housing complexes,
including buildings listed as condominiums which in turn
are included within one single housing development.
LEASES
Regulations
concerning leases and rental are mainly controlled by
the Laws on Rural Leases and urban leases. The first refers
to the leasing of rural plots for cultivation, whereas
the second refers to any building or property listed as
urban, which in turn are differentiated as either leases
for housing or for different use (businesses or industrial
warehouses, etc.)
At
the consultancy stage, advice is given on contracting
– the composition and scope of the different clauses
involved, including the negotiation of terms and finally
the drafting of the contract, and once this has come into
effect, offering consultancy on the rights and
obligations of the client in relation to the other party
to the contract.
More
interesting issues are the duration period of the contract,
the possibilities of early termination, the right to increase
rent, including different elements in the contract that
may be attributed to the person renting the property,
such as property tax or the cost of improvement or conditioning
work.
In
litigation our work involves eviction
for non-payment, illegal or aggravating activities, unauthorized
construction work or subletting, claims and updating
of rents, etc.
On
behalf of tenants, issues of interest here are the obligatory
undertaking of repair work, the obligation to renew contracts
to the maximum legal limit, performance according to the
contract, facilitating payment and use of the leased property,
etc.
