The summer heat hits some regions of Spain and air conditioners become an essential element. Installing an air conditioner on the façade of a building may seem like a simple thing – until the community of owners comes into play.
If you are considering this option, or if you already have a unit installed and have been asked to remove it, we tell you everything you need to know about air conditioners on the façade of a community of neighbors.
Depends on. The façade of a building is part of the common elements, so any intervention on it is subject to the regulations of the community and the Horizontal Property Law (LPH). In legal terms, you can't modify a common element without prior authorization.
Placing an outdoor air conditioning unit on the façade alters the aesthetics and structure of the building, so it is mandatory to approval at the owners' meeting.
It should be specified that the existence of other units installed on the façade does not automatically allow you to place yours. Some may have been authorized at the time or have been accepted over time.
However, in this scenario, what is known as the principle of equality of the Horizontal Property Law (LPH) would come into play, which establishes that all owners of a community have the same rights and obligations, without discrimination due to their share of participation or use of the property.
That is, owners in similar situations cannot be treated differently, and any discriminatory treatment, without justification, can be considered an abuse of rights. In the case of air conditioning, it would be unfair for there to be appliances on the façade of other community members and that you are not allowed to do so.
According to the LPH, the favourable vote of three-fifths of the owners is required, who, in turn, represent three-fifths of the building's participation quotas, unless the community statutes establish a higher oneía.
The decision must be made at a meeting. If you decide to install the air without this backup, the community is entitled to demand its removal and, in case of refusal, initiate legal action. In addition, damage caused to the façade or the inconvenience generated could be claimed.
If you have prior authorization, no problem. But if you placed it without permission, the community can request its removal at any time, even if years have passed. However, if more than five years have elapsed (the usual period, although it depends on the case) without any legal action having been taken in this regard, the right to claim the installation of the air conditioning could be considered time-barred.
Before installing an air conditioning unit, it is advisable to examine the statutes of the community, since many communities already have a roadmap to follow for air conditioning systems: location, aesthetics, permitted noise level, etc. If the statutes expressly prohibit these façade installations , the only way is to modify them, which requires a qualified majority.
If the community does not approve the installation or the bylaws prevent it, you may want to consider options such as:
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