What is the participation share, how is it calculated and where is mine recorded?

Question

José Manuel Alburquerque · Accepted Answer

The participation share is the percentage of the building as a whole that corresponds to each flat or commercial premises. It sets each one's portion of the common parts, is used to share out the expenses if there is no other rule and counts in the votes at the owners' general meeting. It is set when the building is divided into flats and commercial premises, in proportion to the floor area of each one and also taking into account its use, its purpose and its other characteristics. Yours is recorded in the building's deed of division into units (“división horizontal”) and is usually repeated in the purchase deed and at the “Registro de la Propiedad”, the Land Registry. What it is for In Catalonia, the condominium regime (“propiedad horizontal”) is governed by the “Código Civil de Cataluña”, the Catalan Civil Code. Under this code, the participation share is used to: Set each owner's portion of the common parts, such as the entrance hall, the staircase, the façade or the roof. Share out the common expenses and any income of the owners' association (the “comunidad de propietarios”), unless there are special rules for a particular expense, such as a special share for the staircase or the pool. Count the votes at the owners' general meeting. Resolutions need both a majority of owners and a majority of participation shares, so a flat with a larger share carries more weight in the vote. It should not be confused with the service charge that the managing agent collects every month or every quarter, which is the owners' association's bill and is calculated using the participation share. For example, if the building's budget for common expenses is 20.000 euros a year and your flat has a share of 4,25 %, your portion is 850 euros a year, about 71 euros a month, if there are no special shares. How it is calculated and how it is changed Participation shares are expressed as a percentage of the whole building, so together all the flats and commercial premises add up to 100 %. They are set in the deed of constitution, which is the deed of division into units by which the building was divided into flats and commercial premises. The law requires them to be calculated in proportion to floor area, but also weighing up the use, the purpose and the other physical and legal features of each flat or commercial premises. That is why the share does not always match the proportion of square metres, for example for ground-floor commercial premises or a penthouse with a terrace. Once set, the participation share cannot be changed by a majority vote, even if it is said to have been miscalculated. A unanimous resolution of all the owners is required. In addition, the owner whose share is changed must give express consent. If unanimity cannot be achieved, anyone who believes their share is unfair can ask the court to change it. Before suing, the law generally requires an attempt at negotiation. Where yours is recorded You can check it in these documents: The building's deed of division into units, which describes each flat and commercial premises with its number, its floor area and its participation share. If there are special shares for certain expenses, they are also recorded in it or in the by-laws, the owners' association's own rules. The purchase deed for your flat, which normally repeats it. The land registry extract (“nota simple”), which you can request at the Land Registry or online. The documents held by the managing agent, who uses it to calculate what each owner pays.