As president of the community for the next 12 months, you find yourself at a crossroads. This year, there is an exceptional situation in your community: the doorman who has served you for so many years is retiring. This is why you must decide what to do with the apartment he owns within the building. To help you, from Gumper, we will remind you of the options you can take to resolve this situation.
This situation is much more common than it seems in classic buildings in Barcelona and other large cities. The so-called doorman’s apartment is often considered a strategic asset for the community: it can generate recurring income through rent or become immediate liquidity if sold. But before deciding, it is advisable to carefully analyze the legal situation of the property and the necessary agreements according to the Horizontal Property Law.
In other words: the retirement of the doorman of the homeowners’ association not only involves reorganizing the service but also making an important asset decision that can directly impact monthly fees and the building’s economy.
The first step, before deciding to sell or rent the apartment, is to gather the homeowners in an extraordinary meeting to determine what to do about the doorman’s retirement. If we consider the possibility of dispensing with his services, it is ideal to study in advance the functions he performs and vote on whether it is necessary to hire another person to take on those tasks or if they can be assumed by other professionals we already have contracted.
From a practical point of view, it is advisable for the meeting to address two separate topics: on one hand, whether to maintain the doorman service or not; and on the other, what will be done with the apartment. In many communities, the traditional doorman is replaced by external concierge, cleaning company, maintenance, or video surveillance, reducing costs without losing security.
It is also advisable to request a prior report from the property manager, as the decision may require specific majorities and, in some cases, modifications to the constitutive title if the doorman’s apartment is considered a common element.
Regarding the apartment, if it is not going to be occupied by the new doorman, it should be noted that selling or renting it may provide economic relief for the neighbors. Mainly because it will bring a direct or indirect economic benefit, allowing for a reduction in community fees if the money is allocated for that purpose. The law states that each neighbor is entitled, in addition to the ownership of their apartment or commercial space, to co-ownership, along with the other residents, of the common elements of the building such as entrances, patios, elevators, facades, staircases, or the doorman’s area.
In real estate terms, the caretaker’s apartment can become a very interesting source of income. For example, if rented, the community can allocate that money to reduce fees, address future assessments, or finance renovations such as elevator installation, facade rehabilitation, accessibility, or energy efficiency.
If sold, the income is usually high and can be used to pay off community loans or improve the overall condition of the building. However, it is important to remember that, being a community asset, the profit must be distributed according to the participation coefficients established in the deed or allocated to common expenses approved in the meeting.
It may happen that we find ourselves in a situation where the caretaker’s apartment is not yet an autonomous fraction of the building and, therefore, it is necessary to modify this circumstance and proceed to register it in the property registry. To do this, it is necessary to deed the property as an individual element in order to sell or rent it. Additionally, a certificate of habitability must be requested. Finally, organize the distribution of the sale value among all neighbors, in proportion to the value of their fractions.
This point is crucial: in many old estates, the caretaker’s apartment is listed as a common element and not as an independent registered property. To legally sell or rent it, a disaffection of the common element must usually be carried out, approved in a meeting, and subsequently formalized in a public deed for its registration.
Furthermore, before putting it on the market, it is advisable to verify that it complies with urban and technical regulations: certificate of habitability, energy certificate, minimum ventilation conditions, updated installations, and real possibility of residential use. If it does not comply, it may require prior renovations or even a change of use.
Finally, from the perspective of a homeowners’ association, it is also advisable to assess the tax impact of the operation and seek professional advice to avoid errors in the distribution, in the deed, or in community agreements.
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