No, they do not in general terms. Unless the owner’s communities are registered and the owners agree to accept the statutes, their rules may not be legally obligatory. However, specifically in what refers to the fees for maintenance of common areas & services, the Spanish courts have repeatedly ruled in favour of the right to collect such fees and their enforceability even in cases of unregistered community of owners. Whatever the case, a community without a properly registered status & legally accepted bylaw is always a latent juridical problem the owners will sooner or later need to amend through a lawyer.
You have to pay it because, legally speaking, in Spain there is a property-owners’ imputed income tax charged on secondary homes. And yours is clearly the case since your principal dwelling is abroad. The same applies to residents in Spain who own more than one dwelling.
Yes you can. In fact, banks are forced by law to provide to their clients such binding offer, listing clearly and unequivocally what are the basic terms of the Loan & mortgage with time enough in advance of the meeting at the Notary. for the “Escritura” to be signed These basic conditions and terms include: Interest rate, commissions, charges, penalties, early redemption fee, cancellation fee, insurance requests, etc
No you cannot, since the law protects any actual occupant of a real estate property even if the legal validity of the occupation is finishing or in dispute. The same rule applies to cases where the tenancy’s term is clearly over but the tenant has not left for whatever reason. In such cases the legal possessor can only solve the matter through the courts that would legally put the property back in his hands.
Also, and this is very important, you must formally let know your tenant before the end of the contract that you do not want to renew it. If you do not do this the rental can be regarded as renewed for two more years.
There is no legal reason for you to have a second will made in Spain. Anyhow, it is highly advisable to have a will in Spain concerning your assets in Spain as this shall avoid your inheritors time-consuming and expensive legal procedures. In addition to that, a will made in Spain does not oblige you to follow any of the Spanish probate rules and it will be your national law the one that applies.
No, you shall not. Under the 2005 revised law, the couple, by joint consent, can proceed immediately to a full divorce with no period of legal separation nor any other reason or other party’s fault being required.
Yes, you can. Private contracts, as opposed to public contracts (the ones signed in front of Notaries) also have validity and completion force in what refers to any permissible condition they include and are perfectly binding for you and your seller.
However, according to the Spanish legal system these contracts have no legal effects for/against third parties not knowing that such contract exists, such as banks, creditors, tax authorities, claimants, etc. Bearing this in mind you would understand how important it is that a purchasing contract is made “public”, and in Spain this is only legally possible through a Notary’s “Escritura” jointly with the registry at the Property’s Registry of the town where the property is situated. By means of this Escritura and registry, there is no third party who can allege the contract has no effects for/against him.
Yes, it does. To start with, companies normally limit the responsibility they may incur into (including due lease rents), up to the amount of their share capital. Another substantial circumstance is the fact that most companies may legally change their board of shareholders as many times they find appropriate without informing anyone; thus the persons you may have seen at the time of contracting the lease may be substituted by others you do not know at all.
A properly drafted lease contract should avoid these and any other risky issues even if the tenant is to be a company.
Emilio Pino – Abogados can help you regarding such contract.
Yes, it does. To start with, companies normally limit the responsibility the may incur into (including due lease rents), up to the amount of their share capital. Another substantial circumstance is the fact that most companies may legally change their board of shareholders as many times they find appropriate without informing anyone; thus the persons you may have seen at the time of contracting the lease may be substituted by others you do not know at all.
A properly drafted lease contract should avoid these and any other risky issues even if the tenant is to be a company.
Emilio Pino – Abogados can help you regarding such contract.
Yes, you can marry in Spain according to the usual practice of the Roman Catholic church. Each partner will present a baptismal certificate and a declaration from their former parish priest as well as need to be present in the Spanish municipality prior to your marriage in order to issue and fill some forms at the civil authorities.