Law 25/2008, of November 20, to amend the law 12/2004, of 30 June, horizontal property since the General Council in its session of 20 November 2008 approved the following: law 25/2008, of November 20, to amend the law 12/2004, of 30 June, horizontal property preamble the experience of four years from the entry into force of the law 12/2004 , June 30, of freehold, has allowed them to see the benefits that the new regulation has been on the functioning of the communities of owners, particularly in the area of payment delinquency.

On the other hand, you also have the possibility to recognize certain aspects that can be improved, mainly in the area of regularisation of the buildings already built, both of which at the time of entry into force of the law had not split as the writing that, despite having it, they had to adapt to the new provisions. In this sense, the practice has pointed out that as of today, when within five years to establish the transitional provisions first and second is close to expiration, the objectives of the law relating to the above regulation have not reached at a sufficient level.

The requirements set by law 12/2004 are in practice difficult to comply with for buildings constructed in the past, under less stringent regulations than those currently in force. It has uncovered the existence of situations that involve a great deal of difficulty, or even impossibility, of being legalised by the procedure established by law, due to the need to get the certificate of approval and the lack of approved.

For all these reasons, it is considered advisable to facilitate the access of the buildings in the horizontal property regime, both in the case of buildings that do not have the constitutional title as in the case of the other, taking it, wish to adapt it to the law, all by means of a procedure more suitable to the reality of the existing buildings. This purpose is achieved through the modification of the transitional provisions first and second.

The first transitional provision provides, in addition, a special protection to owners who have a public title notarized, and those who do not have recognized, in all cases, the right to an undivided fee on the property.

Likewise, have been introduced to the law 12/2004 several specific reforms that improve the content of the text, mainly in terms of majorities to modify the constitutive title of co-ownership or the statutes of the community.

Article 1 amendment of the fifth paragraph of article 1 modifies the fifth paragraph of article 1, legal status of condominium ownership, which is worded as follows: "the improvements or damage affecting a real estate unit cannot alter the quota that has been attributed, that, except as provided in article 5, only can be varied by agreement of the owners adopted with most provisions of article 26.1.".

Article 2 amendment to article 12.1 modifies the paragraph 1 of article 12, the obligation to designate a domicile for the purposes of citations and notifications and to communicate the transfer of the property, which is worded as follows: "1. each owner must notify the Chairman or Secretary to the administrator of the community residing in the Principality of Andorra for the purposes of citations and notifications related to the community of owners. A lack of communication, is considered real estate unit address of your property located in the same building, so that the communications sent to the occupier of the property unit produce full legal effects. ".

Article 3 amendment to article 13.1 and 13.2 Will modify the sections 1 and 2 of article 13, financial Obligations, which are written as follows: "1. each owner has to contribute to the general expenses for the proper maintenance of the building, its services, the charges and the responsibilities that are not susceptible to disease, according to the participation fee is fixed in the constitutive title or with what has been established in particular.

2. The debts in favour of the community arising from the obligation to contribute to the maintenance of the general expenses corresponding to the unpaid fees are considered preferential credits and impose any other, including the mortgage, with the exception of the wage credits in the terms established by the labor law, as well as the sums due to the Caixa Andorrana de Seguretat Social. ".

Article 4 modification of the article 19.5 modifies the section 5 of article 19, President of the community, which is worded as follows: "5. The president exercises the representation of the community, in court and out of this area, in all matters that affect them. The post of president is indelegable. However, by means of empowerment or delegation can authorise the Secretary administrator the realization of one or more acts or legal business. ".

Article 5 amendment of article 26.1 modifies the paragraph 1 of article 26, adoption of resolutions on the constitutional title, the statutes and the common elements, which is worded as follows: ' 1. is it required a majority of three quarters of the total owners who, in turn, represent three quarters of contributions to the adoption of resolutions of the Board who are to the modification of the title of the document or the modification of The statutes of the community, unless the title sets up something else and as long as this has not been given by the developer or owner of the property.

Notwithstanding that stated in the previous paragraph, the amendment of the constitutional title that leads to a redistribution of quotas or have the objective of linking or tax of a common element to attribute it exclusively to one or more real estate units or to attribute to it the character of proprietary element of common benefit, requires the unanimous agreement of the Board of proprietors. ".

Article 6 Amendment of article 29.2. f) modifies the letter f) of paragraph 2 of article 29, acts of the Board of proprietors, which is written as follows: "f) the relationship of the owners and representatives of the people designated as representatives.".

Article 7 Amendment of transitional provisions first, second and third Will modify the transitional provisions first, second and third, they are written as follows: "first


1. The buildings of the characteristics mentioned in article 1 of this Act to the date of its entry into force have not been the subject of Division in horizontal property regime by means of the grant of the corresponding constitutional title, they have to be within a maximum period of three years from the entry into force of this law.

After this period, the local, the flats, the parking spaces, storerooms or other real estate units in which in fact the property is materially divided may not have the consideration of independent real estate units for the purposes of the granting of domain translatius, Constitution of mortgage or other rights limitatius of law of property and, in general, of any other legal disposition without prejudice to the right of ownership over a proportional fee calculated on the whole of the building.

Excepts the premises, the flats, the parking spaces, storerooms or other property the acquisition of units which have been formalized in notarial deed.

2. for the grant of the title document, regardless of the time that grant, who promotes must submit to the notary authorising, in addition to the title of ownership of the land, implementation of decrees or resolutions that will be authorised the construction of the building, of the co-ownership of coefficients correspond to each independent unit and of the certificate of occupancy of the building or of the certificates of occupancy of all the real estate units for housing , the plans that reflect the real situation and current of the building signed by an architect or technical competence by reason of the subject matter in which consist of the name and surname and unambiguous expressly by the architect or competent technician, data that prove their professional rating exercise in the Principality of Andorra, the surface of each unit and the date of signature of the plans.

It is understood that the plans reflect the real situation and current of the building by the single signature of the architect or competent technician.

When it is not possible the presentation of construction administrative permissions, the notary must state in the Division.

If the building is not suited to the volumetric parameters of the permissions granted and, in addition, does not comply with the current regulations in this respect urban or of the time of construction, the architect or technical competence by reason of the subject must do so expressly indicating the drive or drives that do not meet the requirements and the notary has to move to the Division.

The divisions of buildings built prior to day 18 of August 2004 which have been awarded with temporary character after this date they will win final character when meet the requirements of the present transitional provision and the notary has made it appear so in writing.

Second 1. Whatever the time in which they conceded the constitutional title, when the buildings of the characteristics mentioned in article 1 of this law have been the subject of Division in horizontal property regime on the date of its entry into force, will be able to modify the script with the majority provided for in article 26.1 to fulfil the same requirements as established in section 2 of the previous transitional provision.

2. In the case of buildings built later in the day, August 18, 2004, it is always necessary to the presentation of the corresponding construction permits.

Third 1. In the event the first transitional provision, any owner, for itself and for the sake of it, or the administrator, when you've been specially empowered by the same owner, you can urge the granting of the title of horizontal property regime establishing the Reserve Fund of the community.

2. Without prejudice to the right to turn to the Court for the determination of the coefficients that correspond to each independent unit are entered in writing when they have been established according to objective criteria, based mainly on the surface of each unit, provided that their application does not represent a tort or serious discrimination in comparison with the quotas set for the units of the property remaining.

3. The constitutive title awarded in this way is always provisional. Your granting necessarily has to be placed on knowledge of the rest of the owners that you have granted or by the administrator, with express indication of the fact that the granting of the coefficient or the coefficients that have been assigned to the units of which it is the owner and of their right to examine a copy of the script, which for this purpose is delivered by the grantor to the president and to the administrator.

4. The constitutive title will become definitive if not formula opposition within a period of six months from the notification that is made to each owner in the manner provided for in article 12.

5. The claim should be processed in accordance with the procedural rules set out for criminal summary procedure and benefit only the owner that has been made, meaning that the owners that have not been opposed in time and accept the Division proposed by the promoter and the owner qualifies to represent them in the trial in the face of those who have presented opposition.

6. The applicant must specify the parts of the provisional Division that opposes and motivate their opposition. If this is the case, you need to present an alternative proposal of Division.

7. If at the time of the end of the term to present opposition there is a plurality of applicants, the Mayor has to summon all within thirteen days, give transfer of the demand of others, and require them to within a period of three months from the announcement if the demands and presented a joint proposal of Division. If any applicant is not presented to the call will be recorded, and will continue the procedure with the remaining.

If these do not present the new proposal within the period indicated, the Mayor can file the proceedings and terminated the procedure, considering short the Division proposed by the owner promoter. You don't need to wait for the expiry of the deadline if it is certified that the opposition has already been presented to all the remaining owners.

8. Regardless of what are the claims of the parties, the Court decision should settle on all the issues necessary to ensure that the provisional Division into short or because its


amendment to formalize within a period of three months from the date of the firmness of the Court ruling.

9. In one case and in the other, the notary is reported for the purpose of extending the due diligence or, if this is the case, apply the relevant modification.

10. Accepted the demand, the Mayor immediately notify it to the notary authorising because leave constancy in the matrix of the title document by marginal note. It also communicates the same effect any subsequent resolution affecting the continuation or an end to the procedure.

11. Until the title has not been formalised in accordance with the provisions of this law or do not record the will of all the owners to stay in indivisió, the president or the administrator must inform the general meeting of each year, the content of this law and of the consequences of the lack of title; This question must necessarily appear as one of the points of the agenda of the meeting.

12. final On the Division and creation of the horizontal property regime, the administrator must provide to the notary authorising the list of titles of ownership of each owner or have to do directly with the owners, with express indication of the possible loads that affect, and the notary authorising must practice the marginal notes that prescribed notarial law.

13. Without prejudice to the minimum amount established by the specific regulations, the granting of the Scriptures of incorporation or amendment of the title of horizontal property provisions of this transitional provision, has a discount of 25% on notary fees. ".

First final provision is entrusted to the Government that, within a maximum period of six months from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra, by Decree, and the revised text of the articles and of the transitional provisions of Act 12/2004, of 30 June, horizontal property, including all modifications provided by this law.

Second final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 20 November 2008 Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra