He coefficient or participation quota in the community of owners It is expressed as the percentatge or the figure in centèsimes that determines the share of ownership that each owner has about the common elements of the building.
It is a numerical quantity that It is calculated based on the surface and characteristics of each real estate product.
Who are the factors in calculating a participation quota to the Catalan Civil Code?
In total hi ha 4 factors for calculating the participation fee:
| Factor | What will determine? | Legal basis | To keep in mind |
|---|---|---|---|
| 1. Usable surface | The useful surface in square meters of every property and building | Art. 553-3.2 (the quotes are assigned proportionally to the surface) i Art. 553-9.1 b (definition of «useful surface») | It is the starting magnitude; Since the surface of the set is not possible to calculate the proportion of each private element |
| 2. Location and height | Determine correctly the location and height of each property | Art. 553-9.1 (description of the private elements) | 2 situations that generate confusion; the entresòls and the addition of alçades to the initial building in compliance with the future regulations of the Generalitat of Catalonia |
| 3. Usage of common services | L'aprofitament or intensitat d'ús what is expected of the property | Art. 553-9.1 (description of private elements) | Correct the weight of the surface; 2 properties that are the same in meters may have a different foreseeable use. |
| 4. Physical and legal details of the pee | Les seves particular characteristics, services or annexes | Art. 553-9.1 (description of private elements) | The annexes and the services alter the value and the real profit of the private element |
Horizontal Property Law: Participation coefficient
The Horizontal Property Law, in the fifth article, explains how to correctly set the participation coefficient. Per fer-ho, in each real estate product you can review these aspects:
- Description of the property
- Circumstàncies regides a la mortgage legislation
- Real estate services and installations (extended, property limits, floor plan and annexes).
Who will specify how to establish the participation quota?
The element to be specified is the participation fee that corresponds to each apartment or premises; This will be determined by the developer, since in the beginning he is the sole owner of the property. There are 4 ways to start selling the building:
- Sale per floors
- Sale per agreement of all existing owners
- Sale per honors
- Sale per court ruling
How long have you established the participation quota? It is taken based on the useful surface of each product. real estate.
How is the participation fee for the Catalan Civil Code calculated?
The aspects basics of calculating the participation fee and the possibility of modifying it according to the Catalan Civil Code consten a la taula següent:
| Criteri | Civil Code of Catalonia |
|---|---|
| Procedure for setting the initial participation fee. | It speaks in articles: 553-3.3 and 553-8.2. At 553-3.3 es diu: “Les quotes de participació es determinan (…) [recorrent a dos camins alternatius]: L'acord unànime dels propietaris. In article 553-8.2, the figure of the promoter as ”legitimate“ enters the scene. |
| How is it possible to modify the initially agreed participation quota? | According to article 553-3.3, it can be exchanged in 3 ways: The unanimous agreement of the owners. [A resolution issued by] the judicial authority. A procedure for extrajudicial conflict resolution. |
| Is it permissible a posteriori to agree on extraordinary disasters? | Yes. Article 553-3.4 provides that: “It is possible to establish, in addition to the participation fee, ”special quotes for certain moments.”. |
Practical example: Calculation of the participation fee in a community of owners
Going to a practical case always helps to understand things, in this case com es calculates the participation fee.
Possessing that the community of owners on the property is in a Small building with 3 habitats, without complex common areas, and among the 3 owners they have to distribute the payment of €100.
Building details (example)
Imagine that the total surface area of the building is 300 m², with a distribution of useful surface between 3 habitats of 150 m², 100 m² and 50 m². To calculate the participation quota percentage for each property, use this formula:
(Floor area/Total area)*100.
- First floor: (150/300)*100=50. Li corresponds to 50% of the quota.
- Second floor: (100/300)*100= 33.3. Li corresponds to 33,33% of the quota.
- Third floor: (50/300)*100 = Li corresponds to the 16,66% of the quota.
The distribution of expenses to the community of owners
He distribution of expenses to the community of owners It regulates article 553-45 of the Civil Code of Catalonia, which establishes 2 main circumstances:
- As a general rule: Despeses are distributed according to the participation quota assigned to each property.
- In special cases: They Statutes or the Board of Owners They can fix a different distribution or establish special quotes.
Catalan Civil Code and participation fee: How does article 553-45 apply?
- General rule (Art. 553-45.1): All owners contribute to the common expenses (ordinàries and extraordinàries) in proportion to the six participation quota.
- The no ús does not exempt from the payment (Art. 553-45.2): Go to the ground floor and can't you use the elevator? So much so. As a general rule, it takes time to finance maintenance.
Aquests principis tenen exceptions:
- That they community statutes diguin el contrari.
- Those cases on The amount in question was no longer enforceable by law.
Special Quotes (Art. 553-45.3)
Els estatuts poden fixar quotes different from the general ones to serve specific areas (for example, exclusive parking allowances).
| Supòsit | What does it consist of? | Legal basis | To keep in mind |
|---|---|---|---|
| Recàrrec per activitats | The community can apply a increase in the quota for apartments or premises that make a particularly intensive use of common services | Art. 553-45.4 | The recàrrec is justified by a business or professional activity developed to the private element; tourist pee is the most common case |
| Exception for dissident owners | The owners who voted against They are not obliged to pay the allowance | Art. 553-30.2 | S'han de donar les 2 conditions at the moment: that it is tracti of the installation of a new service not obligatory by law and that the import exceeds the fourth part (25%) of the annual budget of the community |
How to modify the community's participation quota in accordance with the Catalan Civil Code?
Hi ha 3 ways to modify the participation fee in a community of owners according to the Civil Code of Catalonia:
- To get l'acord unanime of all the owners to the board.
- Choose the mediation or to travel als “bons officis” of the administrators of Grup Housfy to reach an agreement without affecting the daily coexistence.
- Tour the via legal channels.
L'article 553-3.3 legalizes the 3 previous camins. 553-3.4 authorizes extraordinary spills:
“Participation quotes are determined and modified by unanimous agreement of the owners. or, if this is not possible, by means of judicial authority or an extrajudicial dispute resolution procedure.” Article 553-3.4: “In addition to the participation fee, [it is possible to establish] ”special quotes for certain moments.”.
| Efficiency between the current owners. | Article 553-26.1.a) is the agreement of all owners of the legal act that they forces us to respect the new quotes that have been self-imposed. As we advanced, 553-3.3 also reversed unanimity. |
| Effectiveness against future owners or third parties. | Article 553-10.1 “Modification of the title of constitution”. The law provides: “To modify the title of constitution [which contains the description of the private elements and the quotas of participation] according to the agreement of the board of owners and that the writing observes the requirements of article 553-9 that continue to apply to the modification of what is tracti.”. Article 553-9.4 “Registration”. The legislator wrote: “The regime of horizontal property is registered in the Property Registry in accordance with the mortgage legislation, through a general registration for the property and as many folis with private properties as it has.”. |
How to challenge the participation quota?
Challenge the participation quota necessary in 3 situations:
- When a calculation error is detected regarding the constitutional title.
- On occasions when the community I approved a modification contrary to the laws in force.
- If the quota modification finances an action contrary to the interests of the community or group detrimental to a property owner.
To be legally legitimate to challenge a decision of the other owners You must have voted against this and be aware of payments to the community.
What legal basis allows us to challenge the participation quota for Catalonia?
| Article Civil Code of Catalonia | Quin dret regula? | How does it apply to challenging the quota? |
|---|---|---|
| 553-3.3 | The judicial defense gives the community. | This is the article that covers the community's refusal to correct an obviously erroneous quota. Establish that “the quotes are modified by unanimous agreement of the owners or, If this agreement is not possible, per judicial authority.”. |
| 553-10.1 | The quota modification. | “To modify the title of incorporation by the agreement of the board of owners and that the writing observes the requirements of article 553-9 that continue to apply to the modification of what is tracti.”. |
| 553-31 | The d'impugnació d'acords. | Tens 3 months to challenge whether the agreement harms your interests, I am 1 year old quan es contradiu la llei. |
Here we have solved the frequently asked doubts about the calculation of the fee to the community of owners.
