Garage spaces in a Spanish community of owners: title deed, expenses and rules

Each unit or premises has an exclusive right over its space, and also over “the annexes expressly specified in the title deed, even if they are located outside the defined space” (art. 3.a). The title deed describes each unit with “the annexes, such as garage, attic or basement” (art. 5).

The law adds that each owner can freely dispose of their right, “without being able to separate the elements that make it up” (art. 3). Before selling a space separately, ask the notary or the land registrar how it is recorded in your title deed.

General expenses are shared out according to the share set in the title deed or what has been specially established (art. 9.1.e), and not using a service does not exempt anyone from paying for it (art. 9.2).

The title deed can contain rules on the use or purpose of the building, its installations and services, and expenses (art. 5). The house rules regulate “the details of living together and the proper use of common services and things” within the limits of the law and the bylaws (art. 6). Approving them is up to the owners' meeting (art. 14.d).

If the space is individual, installing a charging point for private use only requires prior notice to the community (art. 17.5). We cover it in our guide on charging points.

Activities prohibited by the bylaws, harmful to the building or contrary to the rules on annoying, unhealthy, noxious, dangerous or unlawful activities cannot be carried out in the unit or in the rest of the building. The president demands that they stop and, if they continue, can bring an action for cessation with the authorisation of the owners' meeting (art. 7.2).