The participation quota in a community of properties

The participation quota in a community of properties

A community of proprietors is described legally as horizontal ownership. This is the legal term that establishes the individual ownership of a real estate and in an undividable way, the co ownership of the common elements that are necessary for the use of the particular property.

A proportional part of all common areas also belong to all dwelling and these areas are undividable from the home ownership.

For example, when purchasing a real estate, the proportional part of the common areas that are necessary for living in the dwelling (staircase, elevator, gardens with swimming pool, parking, etc.) are also being purchased with the property. From this point of view there is no difference between the owners so they have the same rights and responsibilities for the co-property; therefore this form of ownership is called horizontal.

A participation quote in the co-ownership of the common areas is attributed to each property in this horizontal division. This coefficient is the indicator that determines the participation in the charges and benefits to the community.

The coefficient is generally calculated by the useful surface of the real estate in relation to the total surface of the property. The constitutional title deed of the community indicates all of the factors that can affect the value of the coefficient, like e.g. the location within the community and the use of the common areas.

The coefficient of any real estate can be verified in the purchase deeds, in the constitutional title deed of the community of which the community administrator should have a copy, in the land registry by applying for a “Nota Simple” or free of charge online at the web of the “Dirección General de Catrastro”.

To know the coefficient within the community, you also have to find out the coefficient rate of the parking area and the storage rooms.

The participation quota (coefficient) is used to allocate the community fees to each property and to quantify the votes at the General Meetings as not only the number of votes should be counted but the sum of their coefficient needs to be taken into consideration as well.

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