AS A HOMEOWNER, DO I HAVE AN OBLIGATION TO CONTRIBUTE TO THE COMMON SERVICES OF A COMMUNITY OR SUPRA-COMMUNITY WHEN THERE HAS BEEN RECEPTION OF SERVICES BY THE CITY COUNCIL?

16 Sep AS A HOMEOWNER, DO I HAVE AN OBLIGATION TO CONTRIBUTE TO THE COMMON SERVICES OF A COMMUNITY OR SUPRA-COMMUNITY WHEN THERE HAS BEEN RECEPTION OF SERVICES BY THE CITY COUNCIL?

The Spanish Supreme Court has recently said that YOU DO, since reception by the City Council does not mean the assumption of ownership of common services which continue to be shared ownership.

And that is when:

1.- The plot or housing of the owners concerned is located on the land of the urbanization.

2.- It is integrated “de facto” into the community or supra-community.

3.- it benefits from the services maintained by the community or supra-community.

4.- It is indifferent in these cases that there are no common elements because they have been assigned and accepted by the City Council, or that the community or supra-community has transferred for example the roads and elements of public domain to the City Council, and it has received them or not.

5.- The owners concerned are claimed to pay the proportional part for maintenance of the common elements of the urbanization managed by the community or supra-community.

In the case examined, the Reception by the City Council of the commonly used land corresponding to the properties owned by the individual owners of plots did not entail the assumption of ownership of important common services that continued under shared ownership.