LA EJECUCIÓN CONTRA COMUNIDADES EN RÉGIMEN DE PROPIEDAD HORIZONTAL: PROBLEMÁTICA Y SOLUCIONES PRÁCTICAS.

Abstract

There is quite a number of jointly owned and privately owned elements in a tenants' association in a building under a horizontal property scheme; nevertheless, despite first appearances, foreclosure against a tenants' association is actually a question ridden with conflicts, whereas the jointly owned elements cannot be attached, given their inalienable nature, and the privately owned elements cannot be seized when the co-owners, considered individually, are not listed as the liable parties in the enforcement order. This article centres on analysing the mechanisms of defence that joint owners have when their own property falls under attachment and the procedural instruments available to lenders for the forced execution of sentences finding against tenants' associations in buildings under horizontal property schemes, analysing the means of locating and investigating assets and determining what rights and fixtures of such tenants' associations can be seized.