REGISTRATION ORDER — PROPERTY No. A 536
COMMUNITY REGIME: The building to which the described units belong shall be governed by the Horizontal Property Law of 21 July 1960, with the amendments introduced by Law 8/1999 of 6 April. Common elements include the remainder of the plot not occupied by the building, approximately six thousand five hundred square metres, designated for open areas, access to the complex of buildings, swimming pool, leisure and recreational areas; and with the following special provisions:
1st. The developer and/or builder reserves the right to modify the surface area, layout, openings, services, installations, annexes and participation quotas of the various properties making up the building, as well as to establish easements of any kind over them, and may open any necessary apertures to fulfil these purposes. In exercising these powers and for any necessary rectifications to the deed giving rise to this entry, they may execute, on their own, the deed or deeds required, even after the sale of one or more units has been completed, provided that such modifications do not affect the private elements of those already sold.
2nd. All owners in the building shall be required to contribute to the payment of common expenses in accordance with their participation quota, unless the Law, an amendment to these Statutes, or a unanimous resolution of the Owners’ Assembly establishes another method of distributing expenses. Without prejudice to any applicable liabilities and compensation, any damage…
…resulting from negligence or misuse, whether to a common element or to any of the independent units, shall be repaired at the expense of the party responsible.
3rd. Any owner who carries out works on their property that undermine or alter the safety of the building, its general structure, configuration or exterior appearance, or that harm the rights of other owners, shall be required to demolish what was done and restore the altered elements to their previous condition, without prejudice to compensation for any damages caused. Owners and/or occupants of each and every dwelling in the building may not, under any circumstances, install drying racks on the building’s façades.
4th. The owners of the various properties making up the building are authorised to segregate, divide, group and aggregate them, forming new units and assigning to such divisions, groupings or aggregations the corresponding participation quotas, subject to prior authorisation from the competent authority.
5th. Owners or occupants of dwellings are authorised to place professional signs on the ground-floor façades, which must be positioned on the section of façade facing the entrance, or on the interior walls of the arcade or external access recess, at a minimum height of one metre fifty centimetres from the ground, and such signs must be proportionate to the number of dwellings. Owners or occupants are also authorised to place signs, advertisements and any form of visual publicity — including illuminated displays — on their façades.
6th. All owners of the various properties making up the building are obliged to:
- a) Take out a collective insurance policy covering both Civil Liability and Fire.
- b) Formalise and subscribe to a Lift Maintenance Contract.
- c) Arrange or carry out cleaning of the building’s gutters at least once a year.
ESTABLISHMENT OF EASEMENT. The entity Provverte, S.L. establishes a PERMANENT RIGHT OF WAY for vehicles and persons over the deceleration platforms, access ramps, corridors and manoeuvring areas of the basement levels of both Blocks, as well as over the staircases and lifts of the various entrance halls accessing said basement levels of Blocks «A» and «B» — all of which shall constitute the servient tenement — in favour of UNITS NUMBERS ONE, TWO, TWENTY-NINE, THIRTY, THIRTY-ONE and THIRTY-TWO of the…
…horizontal property regime described above, which shall be the dominant tenements, so that they may access said properties from the exterior of the buildings.
Valuation: The easement established is valued at three hundred euros.
A Building and Construction Licence, File No. 317LO/03, issued in Manilva on 8 July 2004 by the Secretary of Manilva Town Council, with the approval of the Mayor, and granted by resolution of the Local Government Board dated 28 May 2004, is hereby recorded. Also inserted is a certificate issued in Seville on 19 July 2004 by Mr Juan Carlos Reina Fernández, as Lead Architect of the declared Building Project, confirming that the description of the New Construction declared under construction conforms to the project for which the aforementioned building and construction licence was obtained. His signature is authenticated by a notarial endorsement, also inserted, executed by the Notary of Gijón, Mr Ángel-Luis Torres Serrano, on 20 July 2004.
The provisions of Article 19 of the Building Act and First Transitional Provision apply.
By virtue of the foregoing, I REGISTER in favour of the entity PROVERTE, SOCIEDAD LIMITADA, its title of declaration of new construction UNDER CONSTRUCTION and constitution under the horizontal property regime, following registration of the grouping.
This results from a deed executed in Gijón on 16 July 2004 before Notary Mr Ángel Luis Torres Serrano, Protocol No. 2,358, a copy of which was submitted at 12:47 on 10 August 2004, under Entry 1,131 of Volume 20 of the Daily Operations Register.
Tax self-assessment completed with payment of fees, as noted in the margin, and payment receipts archived.
Manilva, 27 September 2004.
SUMMARY HIGHLIGHTS
- The developer holds special powers — The original developer (Provverte, S.L.) reserved the right to alter surface areas, layouts, participation quotas and even create easements, even after selling some units, provided private elements of sold units were not affected.
- Common expenses — All owners must contribute to common costs according to their participation quota, unless the law, the statutes, or the owners’ assembly (unanimously) decides otherwise.
- Damage from negligence or misuse — Anyone who causes damage to a common element or another dwelling through negligence or misuse bears the cost of repair.
- Prohibited works — No owner may carry out works that damage the safety, structure, façade or other residents’ rights. If they do, they must demolish and restore, and pay compensation. Drying racks on façades are strictly prohibited.
- Dividing or merging units — Owners may split, group or segregate their properties to form new units, subject to authorisation from the competent authority (typically the local council).
- Signs and advertising — Ground-floor units may display professional signs on the façade under specific conditions (minimum height 1.5 m, proportionate to the number of dwellings). Signs, advertisements and visual publicity — including illuminated displays — are permitted on any façade.
- Mandatory obligations for all owners — All owners must arrange: a collective insurance policy (Civil Liability + Fire); a lift maintenance contract; and gutter cleaning at least once a year.
- Permanent right of way — A right of way for vehicles and persons is established in favour of 6 specific units (Nos. 1, 2, 29, 30, 31 and 32), granting them access from the exterior via basements, ramps, lifts, etc.
- Historical document (2004) — These statutes were registered in 2004 when the development was still under construction. Some provisions may have been modified since then by use or by subsequent resolutions of the owners’ assembly.