Measures to address the health, economic and social impact of COVID-19 and the need to reduce energy consumption and improve energy, water and renewable systems efficiency have affected the horizontal property regime. For this reason, two Decree Laws have recently been adopted by the Generalitat.
On the one hand, Decree Law 28/2021, of December 21, amends the fifth book of the Civil Code of Catalonia to incorporate the regulation of installations for the improvement of energy or water efficiency and renewable energy systems in buildings subject to the horizontal property regime. It also amends Decree Law 10/2020, of March 27, establishing new extraordinary measures to address the health, economic and social impact of COVID-19, in the field of private law legal entities subject to Catalan civil law.
The explanatory memorandum argues the need to reduce energy consumption and improve the habitability of homes through energy rehabilitation. In turn, it foresees the need to guarantee and facilitate the adoption of agreements to the community of owners. Consequently, articles of the fifth book of the Civil Code of Catalonia have been modified.
The new article 553-25 provides for a simple majority of the owners and quotas to approve agreements related to the energy efficiency of the buildings, whether they are installations or works (even if they entail the modification of the articles of incorporation or the bylaws). At the same time, the precept requires the maximum quorum in the participation of projects on renewable energies with other communities of owners and in the conclusion of financing contracts.
As regards the binding nature of the agreements, article 553-30 incorporates a new paragraph providing that the agreements aimed at improving energy efficiency are binding on all the owners of the community. However, it guarantees the position of dissenters if the cost exceeds three quarters of the annual budget of the community (by reason of common expenses and discounting subsidies and grants).
In relation to the use and enjoyment of the adopted installation, if it is incompatible with a previously authorized private utility installation or system, the community shall be responsible for its removal and indemnify the owner for any damages caused.
In this sense, article 553-43 provides for the possibility that owners may install infrastructures and equipment for private use to improve energy efficiency. In these cases it will be necessary to submit a project 30 days in advance to the presidency of the community, without the need for prior agreement. As far as the costs are concerned, these will be borne exclusively by the beneficiary owners. Even so, as long as the installation allows it, other owners will be able to accede with the payment of the expenses and proportional costs.
At the same time, the Decree incorporates new measures relating to private law legal entities subject to the provisions of Catalan civil law. Fundamentally, the regulation extends until December 31, 2022 the content provided for in Decree Law 53/2020 of December 22, which establishes the possibility that the bodies of private law legal entities may adopt resolutions by videoconference or by other means, as well as adopt resolutions without a meeting, even if their bylaws do not so provide.
The other provision, Decree Law 1/2022 of January 11, provides for extraordinary measures to address the health, economic and social impact of COVID-19 in the area of owners' meetings in communities subject to the horizontal property regime. The regulation extends the previous measures adopted:
- First, it extends the suspension of the obligation to call and hold owners' meetings until June 30, 2022. However, they may be held (with the pertinent security measures) at the initiative of the presidency or at least 25% of the owners with voting rights. And in the case that the meeting cannot be held, agreements can be taken without meeting, at the request of the person who presides it (following the requirements of art. 312-7 CCCat).
- Secondly, the regulation provides for the automatic extension of the annual budget until the next ordinary meeting is held, together with the approval of the previous accounts and the renewal of offices.
In this article, we have analyzed the novelties of two decrees law in horizontal property matters. If you have any questions, you can use the contact area of our website to consult with our team of the civil and commercial litigation department. We will be pleased to assist you.