Services

We find solutions for all legal matters involving Communities of Owners or Residents’ Associations and the Common Property Act, such as minutes being challenged, suits in equity, and representation at meetings to defend owners’ rights.  Some of the most significant issues in the scope of communities are residents engaging in annoying, unhealthy or illegal activities; regularisation of apartments used as holidays rentals, in many cases contravening the rules set out in the Community Bylaws which expressly prohibit business activities being carried out in properties; General Area Communities and the expenses to which each sub-community should or should not contribute; appropriate community fees for commercial premises compared to those for residential properties, etc.

In the field of long-term rentals or leases, we file claims for unpaid rent, evictions for non-payment, for annoying behaviour or for the expiry of the rental term established in accordance with the Urban Rentals Act.

We submit claims for payment in any scope, through claims for payment in any context using payment order procedures, oral proceedings or ordinary lawsuit, as appropriate,
In addition to the declaratory procedures such as those mentioned above, and if the person who loses the case does not abide by the Ruling given, we initiate enforcement proceedings until our client’s rights have effectively been exercised.

If the client is the party being sued, we employ all available legal and procedural weapons in his interest in the way most beneficial to him.

For residential, land or commercial purchases, we make a thorough analysis of the legal and town planning situation of the property being purchased to evaluate whether it is a viable purchase with all the guarantees for consumer protection. To this end not only do we look into the circumstances of the buyer or seller, but also the town planning situation and any liens on the properties. In Marbella, an issue that we keep very much in mind in any transaction is the invalidation of the Master Urban Plan for Marbella by a Supreme Court Ruling, which has given rise to a number of legal voids for thousands of properties within the municipal boundary, creating serious legal uncertainty. Bankruptcies and creditors arrangements of companies owning properties for sale is also a burning issue because once a buyer has purchased, he could then be required to return the property in question to the insolvency estate.

Exercising rights of first refusal is also very common with neighbouring rural land, which often causes serious damage and loss to third party good-faith buyers.

Many clients, both buyers and sellers, want to deal with a lawyer they can trust, who speaks to them in their language, which at the same time means a saving in translations.

The international aspect of transactions on the Costa del Sol is very high.  Matters such as the international demonstration of the system governing the marriage of **two people of different nationality or demonstrating their country of residence for the application of inheritance law and taxation based on their residency, are very common and require looking into carefully.

The new Law on Non-contentious Jurisdiction Proceedings, which facilitates the indivision of joint ownership of property in the estate of a deceased,  or the new Dependants Act, which enables a person’s children to manage their assets, following certain prior requirements, without having to go to court to obtain a declaration of incapacitation for individuals who can no longer manage their own affairs, are some of the developments intended to benefit people that we, the professionals, should know how to recommend.

Another matter closely linked to sales transactions is often how to finance them.  We investigate and evaluate the offers made by the bank, looking into the banking terms and conditions, negotiating any that could be considered invalid. Very often, the control of abusive clauses has to later be settled in the Courts because the bank refuses to provide the financing unless all of the clauses are accepted entirely. The most notorious in this respect have been the so-called “floor clauses”.

Lastly, tax matters such as when is one type of VAT is applicable or another, or Transfer Tax and Stamp Duty and the exemptions from those taxes deserve a special place in the choice of the less burdensome option for the client in claims filed with the Court for Economic Administrative Issues and, in the ultimate instance, in legal procedures brought before the Court for Contentious Administrative Issues. The different interpretations that the Tax Authorities can give to a piece of tax legislation which, as for the application of penalties, must be strictly interpreted in favour of the individual, are the main motives for contention.