The Directorate General for Legal Certainty and Public Faith has ruled that converting a commercial premises into dwellings and its subsequent subdivision does not require express authorisation from the Homeowners' Association if the bylaws already grant such power (Facts I). The ruling emphasises that the modification of participation quotas is an automatic consequence of the subdivision previously authorised by the bylaws and is not an act requiring a new agreement (Facts I). This criterion aligns with the urban planning policy of Madrid's PGOUM regarding the intensification of use for existing surfaces.
For owners of commercial premises in buildings with bylaws that authorise internal works and subdivisions, the freedom to transform the property into dwellings without needing approval from the Homeowners' Meeting is confirmed (Facts I). The new configuration of participation quotas is understood as an automatic effect of the subdivision, eliminating the need for additional agreements (Facts I). This facilitates the exploitation of vacant premises through conversion to residential use in accordance with the PGOUM.
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