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If you are thinking of buying an apartment in a community of neighbors, it is important that you understand how the horizontal division deed works. Today we will talk about what a neighborhood community is and how it works.

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What is a horizontal division?

When we reside in a building of buildings constructed along the length, a horizontal division is established. In this division, the proprietary elements of the property and the common ones are established and it is included in a horizontal property deed.

When you buy a home in a neighborhood community, you become the owner of your apartment or premises, but also a co-owner of the common areas. The deed also establishes the ownership percentages that correspond to each tenant and a description of the building.

Horizontal division writing

A horizontal division deed is drawn up to record the statutes at the legal level. In this document we will find:

• Characteristics of the property.
• Description of the common and proprietary elements.
• Participation fee of each owner on the total of the building.
• Community statutes (mandatory in case there are more than 4 owners)

The public deed is mandatory when more than 4 owners reside. To be able to do it, you will have to pay the Tax on Documented Legal Acts and in the Property Registry.

Once this document has been drawn up, following the Horizontal Property Law, the owners will have their rights protected but also with their obligations.

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The community of owners

An important part of horizontal property is the community of neighbors and it fulfills three fundamental functions for a good coexistence:

• Ensure that the rules of the statutes are respected between the owners and tenants.
• Manage community expenses.
• Manage community services.

To establish the neighborhood community, a meeting must be called with all the owners to elect the main members through a vote. You have to choose:

• A president of the community.
• A vice president is not mandatory, but it is advisable to speed up procedures when the first is not there, especially if there are many neighbors.
• Secretary.
• Treasurer / Administrator.

The president and vice president will have to be part of the community of neighbors, while the secretary and the administrator can be external.

Community expenses in the horizontal division deed

In order to maintain the community, there are a series of fixed expenses that all owners have to pay (in addition to extraordinary expenses). These expenses can be monthly, quarterly or annual and cover services such as electricity, cleaning and maintenance of common areas.

These expenses will vary according to the community, that is, they will not be the same in a building with an elevator to one with a private pool, garden and doorman. In addition, a 5% percentage must be added for contingencies, regulated in the Horizontal Property Law.

Community expenses are distributed equally according to the owner's participation fee. This fee is based on the height of the property, the square meters and its main characteristics.

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