The Directorate General for Legal Certainty and Public Faith has ruled that for a sub-community of owners to be valid and registrable, its existence must be specified in the community's constitutive title (Art. 553.50 of the Civil Code of Catalonia and Art. 2 d of the Horizontal Property Act). In this instance, the registration of statutes for a sub-community that was not formally established in the original title was rejected, preventing subsequent owners' agreements from creating sub-communities autonomously without such a registry basis.
For homeowners' associations operating de facto as sub-communities (for example, by blocks or stairwells), there is a risk that their agreements and statutes cannot be registered in the Land Registry if they are not included in the original constitutive title. This affects the legal certainty of managing common elements and the ability to act as an entity with its own legal personality towards third parties. Owners wishing to formalise sub-communities must check whether the horizontal property title permits such a division.
The administrative team reviews your specific situation.