Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

Raymundo Larraín Nesbitt - Lawbird Legal Services
26th of June 2009

On buying property on a development or in an apartment block you will become a member of what is known as a “Community of Owners” (Comunidad de Propietarios, CO for short). A Spanish Comunidad de Propietarios is composed of all the owners of property within the same development or building.

The gist of this article is to give some guidance on what becoming an owner in a community implies, with particular focus on Andalucía. I strongly recommend reading the Commonhold Act (English) itself as I have considerably abridged the sections pursuant to it, on reviewing them, giving only a brief overview of what they entail.

General Legal Framework

There is a general nationwide legal framework acting as a common denominator to all communities in Spain, set out by the Commonhold Act 49/60 (aka Ley de Propiedad Horizontal orHorizontal Property Act) and by the Spanish Civil Code (arts 396 et seq). The Law on Horizontal Property was amended most significantly by Law 8/99, amongst others, to update it to social reality.

Bylaws and Rules of the Comunidad de Propietarios

In addition to the above general laws, the day-to-day running of each community is really determined by the Communities’ Bylaws (Statutes) which are drafted at the time of lodging the Master Deed (aka Escritura de División Horizontal or Horizontal Deed). Unanimity is required to amend either the Master Deed or the Community Statutes (arts 5 and 17). So in practice it’s quite a feat to change either of them.

That’s why a community may, at its discretion, approve its own Community Rules (in Spanish Normas de Regimen Interno or Normas de Funcionamiento de la Comunidad de Propietarios), not to be confused with Community Statutes. These Community Rules need only a simple majority vote to be approved and amended so as to waive the unanimity rule. They allow for great flexibility and will rule, for example, on communal services such as garbage collection or the use of communal facilities such as the swimming pool or lifts. They cannot rule on matters reserved only to Bylaws.

Normally, on buying off plan, there will be a clause by which the purchaser allows the developer to draft and lodge the Master Deed as well as the Community Statutes at the Land registry. Owners may later on amend these, complying with the strict majorities that are required by the Commonhold Act (unanimity).

This means that every development may enact their particular laws governing it but always subject to, and, in compliance with the general legal framework that must be respected at all times. Bylaws will rule for example the Community’s governing bodies such as the need or not of the role of a vice-president or how must the owners be notified in advance of an owner’s assembly.

Bylaws stem from Spain’s Commonhold Act and adapt it to the requirements of each particular Community of Owners.That’s why each Comunidad de Propietarios has its own unique Bylaws, tailored to suit their individual needs. Naturally, in this article I can only offer a general overview of the shared legal framework and concepts which underpin all communities without focusing on particular Bylaws, which are unique to each Community of Owners.

Commonhold Quota

On drawing up the Master Deed before a Notary, every property within the community is assigned a quota or percentage thereof. This quota is composed both of privative and communal elements which are assigned to each property. Store rooms and garages are included as well for this purpose.

This quota is important mainly for two reasons:

1. Because the expenses of the community will be allocated in proportion to your quota. So the larger the quota, the more you will have to pay.
2. Secondly, on voting at owners’ assemblies, the quotas need to be tallied for majority vote purposes. So, each owner does not equate to one vote. There may be a single owner, such as a developer, holding a significant communal quota which translates into great voting power. The resolutions reached bind all units within, regardless of whether they cast an opposing vote as majority rules apply (read below).

Owners’ Duties

Section 9 rules them in detail. The main duty will be, of course, to contribute to the maintenance and financial upkeep of the Community of Owners.

Failure to pay the community fees will result in the Community of Owners placing a lien against your property and possibly auctioning it off. This legal procedure in Spain works surprisingly efficiently. You have been warned!

This important article mentions as well the endowment of the communities mandatory reserve fund, in accordance to each owner’s commonhold quota. The purpose of this fund is to create a financial pool for the maintenance and repair of the building i.e. façade’s flaked painting or lift repair work. This reserve fund shall be endowed with an amount not lower than five percent of its last ordinary budget. Its funds will be used as well to pay for the building’s insurance cover.

On buying a resale in a community, the new owner will be held liable for the prior owner’s communities’ debts for the current year of transfer of ownership as well as the natural year immediately precedent (art 9 e). The property itself will be burdened with a lien for unpaid communal debts.

Which is why under law, the signing of the deed of transfer of ownership requires a Communities’ certificate stating that communal fees are up-to-date for that unit, signed by the communities’ administrator. The purchaser can however waive this requirement voluntarily.

Governing Bodies of a Comunidad de Propietarios

Art 13 establishes the governing bodies are the Owners’ General Assembly (whether annual or extraordinary), the president (vice-presidents are optional), the secretary and the administrator.

Presidents and vice-presidents must be appointed from among unit owners only. The roles of secretary and administrator can be held by unit owners as well as by outsiders providing the latter hold the necessary professional qualifications and are legally licensed to perform such roles.

The Statutes will be the ones which detail exactly what roles exist in each Community of Owners.

Community of Owners’ Assembly (AGM’s and EGM’s)

At least once a year an AGM will be called to approve the budget and accounts. An EGM may additionally be called at anytime, needing 25% of the unit owners’ quotas.

The notification must be given with a minimum of 3 days’ notice. This creates practical problems to non-residents owning second homes in Spain. Therefore, communities with a high number of non-resident owners may include in their Bylaws more realistic notices of, say, 14 days and to be notified by email in addition to placing it on the Community’s Notice Board. There’s freedom and flexibility to rule on this as each community deems fit in accordance to their own needs and circumstances.

Majority and Unanimity Votes

Section 17 deals with when unanimity votes are required. Basically, unanimity is necessary for modifying the rules contained, either in the Master Deed or in the Community’s Bylaws.

A majority vote (three fifths of the owners’ assessed quotas) is required for things such as the lift service, janitors, security services or any other common service or facility. This type of majority vote will be the one used to decide on the Community Rules. Proxy votes are also allowed. Only owners who are up-to-date with their community fees may vote at owners’ assemblies.

You may find that in new unsold off plan developments, a developer may hold the majority vote as he still holds a large stock of unsold units. Conversely, it can be its lender, if they have taken over the developer’s units. Either way, they are both obliged to contribute to the communities’ upkeep, paying their communal fees in proportion to their communal quotas, like everyone else.

Resolutions of the General Assembly

Section 19 deals with the recording of the resolutions reached. They will be recorded in a book of minutes, validated and stamped by the Land Registrar. A copy of the meeting’s minutes will be sent to each owner with the adopted resolutions following the AGM or EGM. The secretary will act as the custodian of the general meetings minutes book.

Challenging the General Assembly’s resolutions

Section 18 rules on how assembly resolutions can be challenged at court.

This can be done on three accounts:

1. Whence such resolutions are contrary to Law or the Community Statutes;
2. On them being seriously detrimental to the interests of the community and benefit one or several unit owners.
3. Whence they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power.

There’s a deadline of just 3 months to challenge them after they were adopted or else a year if they are contrary to Law or the Community Statutes. Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating.

Comunidades de Propietarios in Andalucía

Following arts 7 & 9 of Decree 218/2005, off plan vendors of property located within the autonomous region of Andalucía must hand over the DIA (Documento Informativo Abreviado) to purchasers. The DIA is the Spanish equivalent of the UK’s HPI, Home Purchase Information, or Seller’s pack. Both the Community’s Statutes and Community Rules must be included in the DIA pack.

Conclusion

The bottom line is that Community Statutes or Bylaws are the ones that really rule each community and are unique. No community has the same statutes as another.

It is always highly advisable that, prior to purchasing property on a development, you always request a copy of the Community Statutes, known in Spanish as Estatutos de la Comunidad de Propietarios, as well as the Community Rules, if existent. You may avoid unpleasant surprises, such as communities that ban domestic animals or even piano players!

Communities of Owners should be run, in theory, like small tidy democracies. Well, that’s the theory anyhow. In practice, they resemble more dictatorships with full blown egos as many owners can vouch for.  I would advise you bring your tin hat to owners’ assemblies and prepare for some serious and protracted trench warfare, whereby each owner will hold his own ground, yielding occasionally to fleeting interests.

Maybe it’s a good idea to bring along a Spanish lawyer as added reinforcements!

Good luck; trust me, you’ll need it!

More on this Subject:

• Putting up a Debtors List in The Community of Owners Public Areas is Illegal – 1st December 2008
• How do Unpaid Bills and Taxes on a Property affect the New Owner – 9th April 2002
• Yearly Taxes and Fees on Property Ownership - 04 Jan 2000
  

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Lawbird Spanish Property Lawyers is a law firm with a broad experience in Property Law, andis specialized in representing clients affected by real estate and planning problems.

Discuss this Article

• Lynda Cripps Says:

  Sun, Jun 28th 2009, 10:22

  Has anyone any answers to my problem. I have lived in a block of 4 apartments for over 23 years. My neighbours to the side have always maintained their own and I and my late husband have maintained our side without asking for any monetary contribution from our neighbours below apart from painting the exterior. The barbecue, front walls & pillars, we have done at our cost and I have carried on since my husbands death. The driveway which is communal, they refuse to clean because it is "not their mess", it's caused by a pine tree in next door. The exterior painting was last done over 4 years ago, is in a bad state, again we have painted the bottom half each year because of flaking and green moss, now my neighbours refuse to pay half to have it done and insist I pay to have the top done and they will do their own. Where do I stand legally?

• Lawbird Lawyer Says:

  Mon, Jun 29th 2009, 10:02

  Dear Madam, As explained in the article above, you all have to get together at least once a year calling an AGM. In that AGM you can go over issues such as approving new actions (cleaning the driveway from pine cones) and adopting a budget that has to be approved by yourselves. One communer cannot adopt unilaterally decisions (even if it benefits the communityt as a whole) without having reached a consensus. CO should be run democratically. All neighbours should be contributing financially to the upkeep of the CO as explained in the article (statute nine of the Commonhold Act) in proportion to their assigned commonhold quota. Yours faithfully, Raymundo Larraín Nesbitt

• Arudelhoff Says:

  Sat, Aug 1st 2009, 22:18

  Dear Sir/Madam We live in a community of 8 villas and share a pool and community garden. Before we bought the place, there was a neighbour (a former president) who had illegally ie without community permission extended his property by almost twice. A few other neighbours have followed suit. A new neighbour has just moved in and wants to close their terrace. All these changes/extensions have greatly altered the coefficient of the community. How can we go about changing the quota when it is pretty obvious those who have extended will not agree to it. We can legally make them agree to changing the quota??

• Lawbird Lawyer Says:

  Mon, Aug 3rd 2009, 08:15

  Dear Sir/Madam, First of all these extensions may not be legal. Supposing they are legal, these owners must pay the Town Hall the tax for building the extensions. Following that, a new build deed would have to be done before a Notary whereby the extension of the properties is lodged at the land registry. This deed then has to be registered at the land registry. Only then will the description of the properties match reality. Then you would all have to agree unanimously into amending the Master deed of your Community of Owners to apply the new communal quotas. Please read my article on the last point: Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009 Bylaws and Rules of the Comunidad de Propietarios In addition to the above general laws, the day-to-day running of each community is really determined by the Communities’ Bylaws (Statutes) which are drafted at the time of lodging the Master Deed (aka Escritura de División Horizontal or Horizontal Deed). Unanimity is required to amend either the Master Deed or the Community Statutes (arts 5 and 17). So in practice it’s quite a feat to change either of them. Yours faithfully, Raymundo Larraín Nesbitt

• Peter Meadows Says:

  Sat, Sep 5th 2009, 12:09

  We have a neighbour who has a dog that keeps us awake for hours. She is renting from the owner and the dog is causing problems that breach one of our community rules. What power do we have to change the situation?

• Lawbird Lawyer Says:

  Mon, Sep 7th 2009, 09:18

  Dear Mr Meadows, You are in your right to complain. You should lodge a complaint before the President of your community so he communicates with the landlord/tenant to muffle the dog. If that doesn't work, then I suggest you file a police report against her for the barking noises at night. People's right to sleep cannot be overlooked. Yours faithfully,

• David Williams Says:

  Sat, Sep 12th 2009, 13:15

  At our recent AGM of 16 properties, those present voted to change unanimous voting to majority voting. Despite clarification from the management company this went ahead and all subsequent voting was based on a pure majority and not 3/5th majority. The Vice President, in the chair, and the management company ignored the fact that there were at least 4 objections to changing to majority voting. As a result of their self interests, community charges are now equal and not proportionate, and the majority of previous agreements were overturned. This is clearly illegal as the law states that it requires unanimity to change the Statutes, and this was taken on a majority vote. My problem is how to proceed now. I am aware that this can go through protracted court proceedings, but could this be resolved through calling an EGM? If so, how best to proceed. 25% of the community at least are prepared to call for an EGM, but does this have to be with the blessing of the new president who was at the meeting and spearheaded this campaign?

• Lawbird Lawyer Says:

  Mon, Sep 14th 2009, 09:37

  Dear Mr Williams, To call an EGM you need either 25% of the commonhold quota or else 25% of the owners backing it. You will have to call it with a minimumn of two week's notice. You can have the President removed and overrule, as clearly illegal, the decision to amend unanimity votes. Spain Commonhold Act gives a great deal of liberty to communers to oversse their communities. But the red line is drawn on breaching it such as changing unanimity votes to a simple majority. If the EGM fails then you will have to challenge this resolution at court hiring a lawyer. Challenging the General Assembly’s resolutions Section 18 rules on how assembly resolutions can be challenged at court. This can be done on three accounts: When such resolutions are contrary to Law or the Community Statutes; On them being seriously detrimental to the interests of the community and benefit one or several unit owners. When they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power. There’s a deadline of just 3 months to challenge them after they were adopted or else a year if they are contrary to Law or the Community Statutes. Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating. Yours faithfully, Raymundo Larraín Nesbitt

• John Castle Says:

  Sat, Oct 17th 2009, 12:51

  I often hear that there is a law forbidding the use of inflatables in swimming pools in the Valencian region but no-one is able to tell me which decree covers it. Is it possible to visit a government website to view this law, or to at least get the decree number and date? Kind regards.

• Unregistered Says:

  Wed, Oct 21st 2009, 20:32

  No-one has ever been able to find this supposed law which bans inflatables in community swimming pools. I'm guessing that it's an invention of management companies, community presidents and killjoys who are hell bent on spoiling holidays for viisitors.

• Lawbird Lawyer Says:

  Thu, Oct 22nd 2009, 09:46

  Dear Sir/Madam, I believe the laws on the matter of swimming pools strictly for the Comunidad Valenciana are decree 255/1994 amended by decree 97/2000. Some municipal (public) swimming pools do forbid the use of inflatables. Another matter is what communal pools within private gated communities agree on this. There's freedom on drafting the Internal Community Rules as per the article which starts this thread. Unsurprisingly 12 children drowned in swimming pools in Valencia in 2008. http://www.lasprovincias.es/valencia/20090709/valenciana/cerco-piscinas-privadas-20090709.html Yours faithfully,

• Unregistered Says:

  Mon, Oct 26th 2009, 01:11

  Nobody has ever been able to produce the relevent decree banning li-lo's in swimming pools-because there isn't one. There is no law banning li-lo's from any pool private or otherwise. It is only kill-joy presidents and management companies who spread this nonsense. It's an urban myth, similar to the non-existant law that says you can't wash your car outside your own house because it wastes water. If you think about the irony in that, you cant use 50 litres of water once a week to wash your car but you can top your swimming pool up each day with 500 litres.

• D barker Says:

  Wed, Nov 18th 2009, 17:35

  Has the president of the community to "sack" a member of the elected committee ? and then to tell all other members that any requests must go through him and not directly to the administrators

• Lawbird Lawyer Says:

  Wed, Nov 18th 2009, 17:50

  Dear Sir or Madam, A Community President is powerless to "sack" fellow board members, That is something reserved to AMG' or EGM's. Queries from fellow commonholders should go through the President, yes. It is most sensible, unless the President is hiding something and becomes non-responsive. In which case an EGM may need to be called in. Yours faithfully,

• D. Anchell Says:

  Fri, Nov 20th 2009, 22:31

  Can an owner who has an outstanding debt to the community become president of that community whilst still owing the debt?

• D. Anchell Says:

  Fri, Nov 20th 2009, 22:35

  What circumstances can prevent an owner be elected as community president?

• Lawbird Lawyer Says:

  Tue, Nov 24th 2009, 13:41

  Dear Sir, He can be elected President, but he cannot vote. Only commonholders who are up-to-date with their community fees can vote on EGM's or AGM's. Not much point really in electing a Community President who cannot vote (unless he clears his arrears) is there? I'm not aware of such circumstances. The Commonhold Act specifies the requirements that need to be fulfilled to be elected, not viceversa. As long as he/she is of legal age (>18 y.o.), owns a property in the Community he is eligible for the role of President. It's advisable not to elect neighbours which hold a Criminal record (i.e. embbezlement of funds). But that's just a recommendation. Yours faithfully,

• Unregistered Says:

  Tue, Nov 24th 2009, 20:51

  Dear Sir, He can be elected President, but he cannot vote. Only commonholders who are up-to-date with their community fees can vote on EGM's or AGM's. Not much point really in electing a Community President who cannot vote (unless he clears his arrears) is there? I'm not aware of such circumstances. The Commonhold Act specifies the requirements that need to be fulfilled to be elected, not viceversa. As long as he/she is of legal age (>18 y.o.), owns a property in the Community he is eligible for the role of President. It's advisable not to elect neighbours which hold a Criminal record (i.e. embbezlement of funds). But that's just a recommendation. Yours faithfully, Thankyou for your response. The election of this person as president is advantageous to a number of residents financially. Surely one of the presidents duties is to ensure that any debt owed to the community by any owner is paid, if necessary by legal action through the courts. As it is doubtful the president will sue himself, how can he legally hold the office?

• Lawbird Lawyer Says:

  Wed, Nov 25th 2009, 11:32

  Dear Sir or Madam, You're welcome. Indeed, its one of the -very- unpleasant tasks of Community Presidents to take to court fellow neighbours for lack of payment of Community fees. Post credit crunch this has become all too common and many Presidents are now caught in legal wrangles. It's a burden associated to the role of President as it entails great responsibility. Presidents have to pursue non-payers otherwise more will follow suit and the community as a whole will just crack down. Gardeners, security guards will stopped being paid, gardens will overgrow, green pools etc. Break-ins will become all too common as the whole place is in a derelict state, property values will plummet etc. It's just a downwards spiral that can serioulsy tarnish what would have been a nice development. It is highly doubtful that an elected President will pursue himself, granted. That is why it is not recommendable to choose as President someone who is in arrears as it stands to logic. At the end of the day its the individual who fits the role of President which makes all the difference. Yours faithfully, Raymundo Larraín Nesbitt

• Sanita Says:

  Mon, Jan 18th 2010, 00:33

  Dear Raymundo Larrain Nesbitt. I would like to thank you for your articule..it was very helpfull.I have one problem,which I hope you might know answere.I am aware,taht property owners with unsetled debts can not vote..my problem is,I have property for 3 years,paid my maintance every year in time.As we never had any meetings or explanations where our money going..in 2009 I asked for all bills for this years maintance.I get got suspicios,when I been ignored for 6 months,alerted my neighbours,and refused to pay maintance until I see for what I am been paying all 2 years.We forming community only now,in 2010. How legal is to charge us for maintanace,when community dosent exsist?Is director in position to hide all bills and be bullie??Am I wrong not to pay,untill I know for what?I know I am risking loosing my vote,but I have a feeling I been robbed for 2 years. Woul love to hear what you think.Thank you in advance.

• Lawbird Lawyer Says:

  Mon, Jan 18th 2010, 10:50

  Dear Sanita, Thank you for your kind words. As per my article, if you are not up-to-date servicing your community fees you are in no position to criticise, demand or vote in an AGM or EGM. In fact you are actually jeopardising your own property as the Community may decide to issue legal proceedings against you for unpayment in which case you may even lose your property as it can be seized and auctioned off publicly. Law courts are now clogged with such properties being auctioned off for unpayment. Having written the above, I fully understand your predicament and it's a matter that is becoming all too common in new developments on the Spanish costas. An AGM should be held mandatorily once a year. In those AGM's a full breakdown for the Communitie's running expenses is disclosed with a detailed breakdown and consequently voted upon by all commonholders which are up-to-date with their comunity fees. Make sure you bring along someone witha high command of Spanish to the first AGM as it's likely to be held in Spanish. The Community can decide for ensuing AGM's to hold it in both languages depending on what the majority of commonholders vote. In your particular case I advise you to first clear your arrears, hire a lawyer and force the Administrator and President to disclose a full breakdown with the running expenses requesting invoices where deemed necessesary. It is your right and that's why you are paying. Your President acnnot at anytime withhold information from yourselves such as bills or even bully you as you write. Misallocation of community funds is tantamount to embezzlement of funds which may even lead to a Criminal action being taken against the President and Administrator. Perhaps your President is someone who has been directly appointed by the developer. Maybe your community remains largely unsold and the majority of the votes are still in the hands of your developer. Is it the case? You are liable to pay for community fees as from the time a Licence of First Occupation is issued for your property by the Town Hall or as from the time you complete on it (in the case where no LFO has been issued yet). Please read my article for more details: The Licence of First Occupation Explained - 29th January 2009 Yours faithfully, Raymundo Larraín Nesbitt

• Sanita Says:

  Mon, Jan 18th 2010, 12:32

  Dear Raymundo. Thank you very much for very quick response,it helped a lot. I asked lawer for advice(but I really hope ,we do not have to go to court),he is ready to take action,if I want to.His advise was to write last letter,send with recorded delivery and demand(on 10th time during 2009 and now) to see all invoices 7 days before our first meeting,as required by law..Then I will have inaf days to sort my fee..I think,director dont have any invoces and only money retyrn to owners will go via court.I been adviced to pay ONLY when I see for what Im paying.My property is second hand property..it was aparthotel before,now 2 blocks is still hotel and only my block with 20 apartments are privat.By the way,prezident lives in our block,and his apartments are 2 made in one and he pays only for one(thought is 2 times bigger that mine.)Is that correct?And I will ask again..are thay alloud to charge us,if it is not such a community here?Prezident was sole owner,now block 1 wants community and thay making up new rules every time thay wish!! Thank you for your response.. Regards..Sanita

• Sanita Says:

  Mon, Jan 18th 2010, 12:36

  ps.I forgot to write,that during 2009 ,director changed my fee 3 times..To be honest at this moment I do not know which one to pay..probably I will go for cheapest one,if thay have a proof of money spending.Thank you.

• Lawbird Lawyer Says:

  Mon, Jan 18th 2010, 12:56

  You're welcome Sanita. The advice from your lawyer is sound. You must in any case send him that registered letter prior to issuing legal proceedings against him. No, it's not legal as per my article. Community fees are paid on the basis of your quota on the commonhold. The larger your quote, the more you pay. That's the logic behind it. From what you write it would seem your President may have been tampering with the assigned quotas so as to pay as if he owned only one property. Very devious. Yours faithfully, Raymundo Larraín Nesbitt

• Sanita Says:

  Mon, Jan 18th 2010, 15:19

  Raymundo..thank you very,very much!!You been very helpful with your advice.I am surethat I am ready for our meeting!!I will definetly let you know about outcome of it.. Yours sincerly..Sanita

• Lawbird Lawyer Says:

  Mon, Jan 18th 2010, 15:32

  Anytime Sanita. Quoting my article on Community of Owners :) I would advise you bring your tin hat to owners’ assemblies and prepare for some serious and protracted trench warfare, whereby each owner will hold his own ground, yielding occasionally to fleeting interests. Maybe it’s a good idea to bring along a Spanish lawyer as added reinforcements! Good luck; trust me, you’ll need it Regards

• David Says:

  Sat, Jan 30th 2010, 00:14

  How can we remove a president who only stays in place because of proxy votes at the AGM from owners who rent out their apartments commercially to whom he provides cleaning and laundry services? Such commercial renting is actually illegal on a residential complex on Mallorca but he encourages it to make money while our complex deteriorates.

• Lawbird Lawyer Says:

  Mon, Feb 1st 2010, 11:16

  Dear Sir, A very interesting question. It's the Owners' Assembly (whether AGM or EGM) that has to vote him out. If the majority vote wants him to remain for vested interests you simply cannot oust him...at least formally. You can however easily bypass the above. The activity of commercial letting is illegal in Mallorca, as you correctly write, unless you are duly licensed to operate by the Town Hall which does not sem to be the case. If someone should report this illegal activity it would cease (besides being heavily fined) and the President would no longer have a reason to remain in his post... Yours faithfully, Raymundo Larraín Nesbitt

• david Says:

  Tue, Feb 2nd 2010, 20:16

  Thank you Raymundo. Many owners have reported the renting owners to the Conselleria de Tourisme in Palma and their inspector has started to visit and interview renters after which proceedings have been started. That's great and no doubt the Summer will see many more visits and many more proceedings. However our President is very thick skinned and he won't allow us access to his rental customers to let them know they are breaking the law. That's crazy, of course, so I imagine that the next AGM in April will be very heated. My question is, does anyone have a direct right to sue the president for what he is doing in encouraging commercial renting on a residential complex and profiting from that renting by leaving his customers exposed to fines and our complex like a holiday camp. Many thanks, David.

• Lawbird Lawyer Says:

  Wed, Feb 3rd 2010, 09:34

  Dear David, You are welcome. Of course, any commonholder may choose to sue him. Quoting my article which starts off this thread: Challenging the General Assembly’s resolutions Section 18 rules on how assembly resolutions can be challenged at court. This can be done on three accounts: 1. When such resolutions are contrary to Law or the Community Statutes; 2. On them being seriously detrimental to the interests of the community and benefit one or several unit owners. 3. When they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power. There’s a deadline of just 3 months to challenge them after they were adopted or else a year if they are contrary to Law or the Community Statutes. Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating. Yours sincerely,

• Loopylou Says:

  Tue, Feb 9th 2010, 16:08

  If you want to be voted in as President or a member of the Committe do you have to attend the AGM of the community.

• Lawbird Lawyer Says:

  Wed, Feb 10th 2010, 10:08

  Not really, no. There is no provision in the laws requiring this. But logicly it is highly recommendable if you want to stand up to be elected. Presumably there will be other contenders present at the AGM who will also opt for the post. Yours faithfully,

• loopylou Says:

  Thu, Feb 11th 2010, 13:28

  We have a non-resident who wants to be elected onto the committee again for a second term. He will not be at the AGM in person. How would he be voted in.

• Lawbird Lawyer Says:

  Thu, Feb 11th 2010, 15:23

  In that case someone acting on his behalf will have to propose him at the AGM. That is not an issue really. A vote is called and the winner is elected.

• patoc Says:

  Mon, Mar 1st 2010, 21:54

  It has only recently emerged (after some 6 years) that our Community fees have been calculated incorrectly. Cuotas have been ignored and all fees rather than just the pool/garden maintenance costs as laid down in the Master deed, have been calculated on an equal basis. Ours is a 97 property Community raonging from a 70 sq m Apartment to a 600 sq m Villa. I have reported this to the President but had no response as yet, and I intend to put it on the next AGM agenda. As this is an ERROR that needs to be corrected, am I right to assume that no vote is required ( effectively this is an illegal change to fee calculations) ? If a vote IS required then are those Properties who have underpaid entitled to vote as technically they are in arrears ? How should I proceed with regards to previous over/underpayments - does this need a vote ? Any other advice or tips would be greatly appreciated

• Unregistered Says:

  Tue, Mar 2nd 2010, 00:10

  Thank you Raymundo. Many owners have reported the renting owners to the Conselleria de Tourisme in Palma and their inspector has started to visit and interview renters after which proceedings have been started. That's great and no doubt the Summer will see many more visits and many more proceedings. However our President is very thick skinned and he won't allow us access to his rental customers to let them know they are breaking the law. That's crazy, of course, so I imagine that the next AGM in April will be very heated. My question is, does anyone have a direct right to sue the president for what he is doing in encouraging commercial renting on a residential complex and profiting from that renting by leaving his customers exposed to fines and our complex like a holiday camp. Many thanks, David. Would be very grateful if you could let me know how you go about denouncing the owners who let their property out to holiday lets even though it is not allowed. According to our Community Statutes, our complex is for vivienda. When we bought our property, the conveyancing lawyer told us that is was residential. However, at least two villas in our complex (of 10 detached villas) rent theirs out to holidaymakers. Is the Town Hall or the Consellaria of Tourism the point of action???

• Lawbird Lawyer Says:

  Tue, Mar 2nd 2010, 10:23

  Dear Patoc, You will need to vote this at your next AGM or EGM, yes. The joint owners should not be regarded as "technically" in arrears as they cannot be held accountable out of no fault of their own on an "error" caused by the former administration. In fact such a relevant change may even require a unanimous vote as it affects the Master deed no less. Yours sincerely, Raymundo Larraín Nesbitt

• Lawbird Lawyer Says:

  Tue, Mar 2nd 2010, 10:30

  Dear Sir or Madam, Even if the development is labelled as "residencial" it is not illegal to let properties out. Another matter is if the complex is located in one of Spain's regions in which a Letting licence is required i.e. Mallorca Quoting my next article: 8. Buy-to-Let If you are buying with a view to rent the property out, either as short or long-term, make sure the region of Spain in which you are buying allows for this. Some regions, i.e. Balearic Islands, have stringent regulations whereby a special licence is required to rent. Failure to comply will result in the Town Hall fining you. Disgruntled neighbours always make apt whistleblowers, so be warned. Other regions in Spain, such as Andalucía, do not require letting licences but do have their own regulation in place on letting out property. i.e. Decree 218/2005. And as a final word of caution, unless your property is in a prime location, do not rely on the let to offset the mortgage repayments. Yours faithfully, Raymundo Larraín Nesbitt

• patoc Says:

  Tue, Mar 2nd 2010, 15:11

  Raymundo Thank you for the quick reply. Let me see if I understand you correctly. You say "You will need to vote this at your next AGM or EGM, yes." and also that " In fact such a relevant change may even require a unanimous vote as it affects the Master deed no less". Just to clarify the situation ; 1. The current allocation of fees is not only incorrect but also illegal as it does not reflect what is stated in the Master Deed 2. If the President / Administrator or anyone else wishes to CHANGE the way that fees are allocated into an equal share calculation this would need to be changed at an AGM / EGM, with a unanimous vote as the Master deed is to be changed. This cannot be done just because the Administrator made an error some time back. 3. As this would NOT get a unanimous vote to change I assume that the Administrator MUST immediately start calculating the fees correctly, as stated in the Master Deed How should I proceed with regards to previous over/underpayments - does this need a vote and would everyone THIS TIME ONLY get an equal vote, rather than one based on cuota ? Otherwise the Villa owners who should be paying much more would get too many votes. Many thanks Patrick O'Connell

• Lawbird Lawyer Says:

  Tue, Mar 2nd 2010, 15:53

  Dear Mr O'Connell, Votes are based on the commonhold quota owners hold, as per my article and as per the law that rules all communal developments in Spain.- Commonhold Quota On drawing up the Master Deed before a Notary, every property within the community is assigned a quota or percentage thereof. This quota is composed both of privative and communal elements which are assigned to each property. Store rooms and garages are included as well for this purpose. This quota is important mainly for two reasons: 1.Because the expenses of the community will be allocated in proportion to your quota. So the larger the quota, the more you will have to pay. 2.Secondly, on voting at owners’ assemblies, the quotas need to be tallied for majority vote purposes. So, each owner does not equate to one vote. There may be a single owner, such as a developer, holding a significant communal quota which translates into great voting power. The resolutions reached bind all units within, regardless of whether they cast an opposing vote as majority rules apply (read below). I think we can safely assume your administrator knew they were being incorrectly calculated which is why I added apostrophes to the word error in prior post. This is hardly rocket science and it's how all communities fees are normally calculated throughout Spain, unless specifically agreed otherwise by unanimous vote. I'm not quite so sure this blatant "error" could go undetected for so long, six years no less. If all of you have have approved year after year the annual community budget there may be a right to have it calculated in such a way it can be argued by villa owners regardless of the Master deed. Am I correct in writing I have the sneaky suspicion you are going to face heavy opposition from the rest of the owners (namely those who own a villa, larger commonhold quota) to have the system amended as per the Master deed? You may even have to resort to litigating at court to push through what was agreed at the onstart in the Master deed on lodging the Horizontal Division deed before the Land registry. Yours faithfully, Raymundo Larraín Nesbitt

• patoc Says:

  Tue, Mar 2nd 2010, 17:07

  Raymundo Thanks again for your quick response. Why was this not noticed before ? I think because we concentrated on what actual money was being spent and assumed (wrongly) that the Administrator could be trusted to allocate the fees correctly. Most owners are from the UK and the cuota system is unfamiliar therefore. It was only when a neighbour and myself looked into it more deeply, having read articles like yours, that we came across this error. The same President and Administrators have been in place for some 5 years now and this has not helped either. I am not sure that it was deliberate or just sheer incompetence but what I now know is that the many Apartment owners are subsiding the few Villa owners illegally and unjustly. You say " "you are going to face heavy opposition from the rest of the owners (namely those who own a villa, larger commonhold quota) to have the system amended as per the Master deed? I apolgise for being a little slow but I still do not undertand this. Regardless of when (or why) it was done, the system in place is illegal - an illegal change to the Master Deed has been made, and all I wish to see is the illegal change stopped and the correct amounts calculated as per the registered cuotas/master deed. Why can I not propose this illegal change offficially and, when the vote is not unanimous, get it voted off ? Regards Patrick O'Connell

• Lawbird Lawyer Says:

  Tue, Mar 2nd 2010, 17:28

  You're welcome Mr O'Connell. I think you understand very well the gist of my reply. Regardless if the Master deed enshrines it you are going to face huge opposition from the villa owners and those with large quota share as they hold a vested interest in keeping the statu quo and not having the current system amended as its detrimental for them My view is that you are not going to sort it out amicably on your next AGM as you foresee and you will end up leading a protracted fight over the issue in a Spanish court. Again I repeat, I don't think it was a mistake because of incompetence, or maybe I'm just being oversuspicious. Best regards, Raymundo Larraín Nesbitt

• david Says:

  Wed, Mar 17th 2010, 08:41

  Hi Raymundo. From the previous threads it's obviously AGM time in Mallorca. Our president would like to change the election of the president to every three years instead of at each AGM. He is proposing to put that to a vote. Can it be subjected to a vote or is it the law that the presidential election is an annual event? Many thanks, David.

• Lawbird Lawyer Says:

  Wed, Mar 17th 2010, 19:25

  Hi David, As you well write it cannot be done. AGM's have to be held once a year statutorily as per Spain's Horizontal Property Law (Commonhold Act) pursuant to section 16: Section 16 1. The meeting of the general assembly shall be held at least once a year to approve the budget and the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas. Regards, Raymundo Larraín Nesbitt

• Unregistered Says:

  Wed, Mar 17th 2010, 21:31

  Hi again Raymundo. But can an AGM vote to have elections for president every 3 years? All the best David

• Lawbird Lawyer Says:

  Thu, Mar 18th 2010, 09:30

  Apologies David, I had misunderstood your query. That's up to the owners to decide if they want to vote a president once a year or every 10 years for example. Section 13 of Spain's Commonhold Act rules: Artículo 13. 1. Los órganos de gobierno de la comunidad son los siguientes: ... 7. Salvo que los estatutos de la comunidad dispongan lo contrario, el nombramiento de los órganos de gobierno se hará por el plazo de un año. What the above means is that by default communities should vote annually on the elected roles of president, vice-president etc. However, if the Community Statutes state that these elections ought to be held for example every three years, then it is legal. Owners have freedom to amend these elections that by default the HPL rules should be held on an annual basis. Yours sincerely, Raymundo Larraín Nesbitt

• John Says:

  Thu, May 13th 2010, 15:48

  I live in a fairly large, residential complex in Tenerife. Our Committee is correctly formed and they are very good at having maintenance work carried out and accounts published, etc. However, there is a problem with barking dogs left on balconies while their owners go out. The Committee seem unwilling to tackle this problem, despite a number of complaints. The worst problems are caused by animals owned by people renting properties. Is it possible to change the Community Rules to stipulate that owners renting out their property must ban all animals? Is it possible that these owners are renting out their properties illegally if they are not licensed to do so by the local ayuntimiento? Do you have any recommendations as to how we can successfully tackle the problems with barking dogs and yowling cats?

• Lawbird Lawyer Says:

  Thu, May 13th 2010, 17:49

  Do you have any recommendations as to how we can successfully tackle the problems with barking dogs and yowling cats? Yes, how about a moonshade? J/K Jokes aside, yes you can include this in the Communitie's Bylaws. As I write in the conclusion to my article on Communities of Owners in Spain: Conclusion The bottom line is that Community Statutes or Bylaws are the ones that really rule each community and are unique. No community has the same statutes as another. It is always highly advisable that, prior to purchasing property on a development, you always request a copy of the Community Statutes, known in Spanish as Estatutos de la Comunidad de Propietarios, as well as the Community Rules, if existent. You may avoid unpleasant surprises, such as communities that ban domestic animals or even piano players! Yours faithfully, Raymundo Larraín Nesbitt

• John Says:

  Fri, May 14th 2010, 08:23

  Raymundo, Many thanks for your confidence-building advice. After following your website for a while, I was aleady fairly sure of the path I needed to take so now I'll get on with prodding the Committe into action. Thanks again. John

• maurice webb Says:

  Fri, May 14th 2010, 09:21

  I live in a community with 12 villas and 14 appartments. The villas and ground floor apartments have their own private gardens, fenced off from the 'community' gardens. I do not have a garden but am expected to pay my quota towards the cost of the maintenence of these gardens. Is it correct that I should pay this?

• Lawbird Lawyer Says:

  Fri, May 14th 2010, 10:22

  You are welcome John.

• Lawbird Lawyer Says:

  Fri, May 14th 2010, 10:39

  Dear Mr Webb, That's a very interesting point you raise. Are you sure those gardens are not communal? I write this because I know first-hand a development which lower apartments have these gardens, which happen to be communal, and owners are now busy fencing them in with cute little wooden gates. This should not be tolerated by other community owners as these gardens are communal, paid for by everyone. They are not for privative use of these lower apartments. Only because some people act as if they owned the place does not mean they are really the legal owners. You would be surprised how often this occurs. Appearances can be deceiving. Do not take matters for granted, research them on your own. If the gardens you mention are effectively privative, you should of course not be paying for them as they are not communal as explained in my article which starts of this very thread. Yours faithfully, Raymundo Larraín Nesbitt

• maurice webb Says:

  Fri, May 14th 2010, 14:14

  Many thanks for your prompt reply which has caused something of a stir at our community here in Alcossebre!! The gardens are indeed private. The whole of the garden of each villa is contained within a boundary wall. A hedge is included within this boundary wall and the dispute is to whether the trimming and maintenence of this hedge is the responsibility of the villa owners or not. Inasmuch as I have been expected to pay my quota share for the private garden work for the past six years, can I claim retrospective refund for the amount I have paid?

• Lawbird Lawyer Says:

  Fri, May 14th 2010, 15:42

  Dear Mr Webb, That's the problem with this job, can't make everyone happy. The trimming of hedges, as its effectively a boundary, needs to be paid for by the Community as it can be regarded as "communal". A different matter is the garden, which being privative, should be paid for by the owner who is the only one who can enjoy it. Please note that my comment regarding the lower gardens were referring to a closed community made of flats only, not villas. Yours faithfully, Raymundo Larraín Nesbitt

• maurice webb Says:

  Mon, Jul 5th 2010, 17:30

  are you saying that as the hedges are around the villa gardens then they are a community problem? If so are the railing round my balconys and patio also a community responsibility

• Lawbird Lawyer Says:

  Mon, Jul 5th 2010, 17:48

  Well façades are a communal element. All Communities pay to have them painted every 3 years or so and that may include the balcony railings as well, indeed. In fact, if you try to paint your balcony in pink colors you will likely receive a nasty letter from the Communitie's President informing you that you are not allowed to do it. Or pehaps if you want to fence in your balcony using a removable glass curtain this may not be allowed either by the Community and will probably be taken down at your own expense unless the Community accepts it. The reason is because the exterior may be a communal element. Ground floors also pay for lifts they never use. It may seem unfair but it happens. Penthouse owners may not own some of the terraces which may belong to the Community of Owners as it may be a communal element. When you buy into a Community you are also made responsible for the contribution to the upkeep of communal elements of the Community to which you may not even have access to. Yours sincerely, Raymundo Larraín Nesbitt

• Suzi Says:

  Sat, Jul 10th 2010, 16:29

  Hi, I´m new to this forum and live in Tenerife Canary Islands, Do ALL property laws that apply in Spain also apply to Tenerife?:)

• johnnylogon Says:

  Tue, Jul 13th 2010, 13:08

  I own a property in Orihuela Costa on the Costa Blanca in a complex of some 148 properties in total built right on the seafront, basically 'to the line' of what is permitted, i.e. you cannot build in the area in front of the walls of the building. Every year the same few people try to get a few projects carried out which are basically to their benefit, and no matter what discussions or rows take place at the community meeting, they try it again the year after. In the complex we have three communal padel tennis courts, and a large swimming pool facility with adjoining children's play area, constructed in the area to the front of the apartments, in the area which ptherwise cannot be constructed upon. They are very nice facilities and allow for extensive areas of garden as well. These are all part of the original project approved by town hall, on the basis of which we purchased our properties. These residents now want to remove one of the paddle tennis courts and construct a new multi purpose court, approximately twice the size of the exisiting padel tennis court, which will in effect remove at least one third of the exisiting communal grassed garden areas. It will also severely change the visual impression of the complex when entering from the seafront. They have also proposed the construction of toilet facilities adjoining the pool, again in the area where construction is not permitted. We will be discussing these matters once again at the next meeting, (this coming Saturday). Can these matters be approved by the majority at a meeting, or am I correct in understanding as since they are changes to the actual project and the general asthetics of the complex, that they require a unanimous vote by the community rather than just a majority of those present on the day? What percentage of the proprietors have to be represented in order for such changes to even be discussed never mind voted upon or approved? Can a toilet block be constructed in an area where otherwise construction is not permitted? Indeed where it is not necessary, (no apartment in the complex is more than 100m from the pool in question). All comments and advise would be greatly welcomed.

• Lawbird Lawyer Says:

  Mon, Jul 26th 2010, 11:37

  Hi, I´m new to this forum and live in Tenerife Canary Islands, Do ALL property laws that apply in Spain also apply to Tenerife?:) Hi Suzi, Not all of them. Spain is divided administratively into 17 autonomous regional entities as well as two insular cities (Ceuta and Melilla). Each of these 17 regional entities can enact their own laws in certain matters besides the national legal framework. So in Tenerife's case, besides the national laws common to all of Spain there will be additionally specific regional laws and even local regulation (from its Town Halls). Yours sincerely Raymundo Larraín Nesbitt

• kevin511 Says:

  Sun, Aug 8th 2010, 16:30

  can you explain how the voting works in a community. I live on a golf complex, 36 houses are still owned by the developer. Does this mean that they have 36 votes. I live in the canary islands.

• Lawbird Lawyer Says:

  Mon, Aug 9th 2010, 09:16

  Dear Kevin I'll quote my article which explains how votes are tallied at Owners' Assemblies (AGM's and EGM'S): Commonhold Quota On drawing up the Master Deed before a Notary, every property within the community is assigned a quota or percentage thereof. This quota is composed both of privative and communal elements which are assigned to each property. Store rooms and garages are included as well for this purpose. This quota is important mainly for two reasons: 1. Because the expenses of the community will be allocated in proportion to your quota. So the larger the quota, the more you will have to pay. 2. Secondly, on voting at Owners’ Assemblies, the quotas need to be tallied for majority vote purposes. So, each owner does not equate to one vote. There may be a single owner, such as a developer, holding a significant communal quota which translates into great voting power. The resolutions reached bind all units within, regardless of whether they cast an opposing vote as majority rules apply (read below). Sincerely Raymundo Larraín Nesbitt

• kevin511 Says:

  Mon, Aug 9th 2010, 14:17

  Thank you Raymundo,. Based on this system, the owners will never win a vote, as the developer will always ensure that they block anything that they do not agree with. e.g. Our communial pool was repaired by the developer in november 2009, after arguing for 4 years for them to agree to the repair. The estate is 6 years old. We have asked the developer to have the repairs carried out again, it went wrong 2 weeks after the repair. They have blocked the vote and refused to repair it. Do we have any chance.. Many Thanks Kevin

• Lawbird Lawyer Says:

  Mon, Aug 9th 2010, 14:38

  Hi Kevin You are welcome. You can always change the voting system amending the Master deed, but that requires unanimity. So it's a catch-22 as the developer will most likely not cave in and turn down a proposal that would affect him negatively reducing his power base. Regarding the pool problem, the whole Community would have to pay it in proportion to the share quota held on the complex by each owner.

• kevin511 Says:

  Wed, Aug 18th 2010, 18:38

  Hello again. Can you please tell me how high a wall has to be around a communial pool. Many thanks Kevin

• maurice webb Says:

  Sat, Sep 18th 2010, 10:51

  Another problem. I have been told that once the minutes of our AGM have been published, I have 30 days to query any points recorded in them. Is this the law in Spain? I was in the UK when the minutes were finally sent out and I did not recieve them within the 30 days. The minutes are totally wrong. Do I have any recourse? Thanks

• david ash Says:

  Sun, Oct 10th 2010, 17:02

  can you help, i live on an urbanisation and recently attended our AGM which a vote was carried by 36 to 32 for astro turf to be installed in our pool area, since then a resident has gone to the administrators to object to this approval and has been told on reflection the vote was counted wrong, can you tell me should this vote stand or if it is allowed to be altered can we appeal or force an EGM for a revote

• STEVEN KEOGH Says:

  Sun, Feb 13th 2011, 01:04

  I am president of a community. A long term renter has a large dog that keeps on escaping into the garden area and leaves excrement on the grass area. She has had a written warning about this but does not care. Can we do something about this, particularly as we have banned renters from having dogs on the community. This was passed at a community meeting 2 tears ago.

• Unregistered Says:

  Sun, Feb 13th 2011, 17:20

  Purchased apartment in Tenerife from resale of part of ex time share complex the other part is still in operation it purchased for letting in 2006 It was marketed for rental and said it would be ok as it was old timeshare and had a licence the company that sold the complex even put us in touch with a letting agency that was going to let out for us on the complex We signed up with him and but 18 months later he closed his business and we had to let out ourselves. This we did not want to do but had no other alternative. We have declared all profit for tax purposes in Spain and UK but we have now been informed that we are illegal over 60% of the complex rents out their apartment not sure how many declare but that not my problem. There is a purge going on at present in Tenerife and worried but have tried to do everything by the letter of the law. I use Accountant in Tenerife and have a meeting next week. The complex is appox 20years old and part is still operating as time share. Its still classed as a complex as we do not pay individualy for our water or electricity they are calculated buy our commity and charged accordingly. Any comments would help.

• Paul Says:

  Wed, Feb 23rd 2011, 01:35

  I understand that Spanish Tourist laws prohibit the renting of properties on a complex that is not licensed by the Tourist board for letting. However, some publications claim that it is legal to rent properties to family and friends in Lanzarote. Is this correct?

• J Colbran Says:

  Thu, Mar 17th 2011, 12:57

  We have recently had a report done by one of the members of our community to look at disabled facilities. The community has a number of swimming pools but none have a hoist for disabled access and some of the footpaths to some of the pools are not suitable for wheelchair access. However the pools are not open to the public, just owners and their visitors or tenants if rented. Can you confirm what liability we have as a community to legally provide access under the disabled disability act and the law in Murcia Spain? Secondly our roads have been adopted by the Local Council but our statutes say we are responsible for maintenance! The report noted that footpaths do not have an area recognisable underfoot (tack tile surface) for the visual impaired and falls short of the DDA requirement. Would this not be a responsibility of the Local Authority now they have adopted the roads?

• Teri Says:

  Thu, Mar 31st 2011, 14:12

  i have just moved into a semi detached villa, with private pool and garden (there are no communual areas at all) in fuerteventura as a renter. The owner gave me permission to erect a satellite dish. Without prior notice, the presedente sent a note demanding that it was taken down within five days or he would do it and charge us for it and the repairs to the wall. There are fifteen other dishes up in the same developement. To save hassle, I moved the dish, but I feel he is being very heavey handed. now he is demanding access to inspect the damage. A lot of people have moved out because of the harrassement from the president. ASa result a lot of properties are empty. The two villas either side to us are empty and there pools are neglected and as a result we are invested by moscitos, but thats seems to be ok. I asked for a copy of the rules, but he said he can not talk to us as we are mere tenants. The owner is none resident and he also asked for a copy and was ignored. The presedent is coming to inspect the 'damage' on SUNDAY at 11.30. As a good catholic, I feel that a working day would have been more appropriate and I feel that this presedent is trying to get us to move out. I would appreciate any help on this matter you can give

• John Oakhurst Says:

  Fri, Apr 1st 2011, 12:01

  In our community a question has arisen as to who is responsible for the retiling of a balcony floor when water seeps into the downstairs apartment due to break up of those tiles and waterproof membrane. The owner concerned did retile himself some 3 or so years ago but tiled above existing tiling without repairing the tar membrane so the tiles are now higher than the inner floor and the tracking of the patio doors. It has always been the community view that a balcony or terrace which is accessed by an owner who has sole use is the responsibility of that owner. The owner concerned considers the terrace is communal property notwithstanding he has sole use and the escritura saying that a private apartment starts at the front door and continues to the vertical wall adjoining the communal garden. Another owner says the situation is covered anyway by the Civil Code which says that even if the terrace is not private, from the moment that an owner who has sole access changes something, that person is responsible for the work and any liability arising. The community insurer states the problem only arose due to the nature of the repair work will not pay the claim. Kindly advise your views - thankyou.

• Patricia Says:

  Thu, Apr 7th 2011, 16:25

  Hello Teri, Welcome to the belegal forum. The President t of the community does not have the right to force you to set an appointment to visit the property on a Sunday and he cannot enter your property without your consent, under any circumstances. After reading the information that you have given us, our advice is that you, in the first instance, insist the owner of the property claims to have a copy of the statutes of the Community of Owners, and then forward the copy to you. If the President still ignores his petition, the owner can take the Community of Owners to court in order to defend his rights. Form your side, you can end the rental contract or report the case to court so the problem is solved. You will need to evaluate the importance of the matter and decide if you wish to take legal actions, as these will entail legal fees and expenses. We also advise you to report the President of the Community of owners to the Police station for harassment and constraint. Regards,

• Lesley Dutton Says:

  Sat, Jun 25th 2011, 10:26

  Do Residencials in Ibiza need a special licence from the ajuntamiento to allow rentals? Is there a law governing the right to have a president? Do we have the right in law to have an annual fully detailed breakdown of all the incoming and outgoing expenses of our community. Does the community have to provide a bank of mailboxes - we have none and have to get our post from the administrator's office - he closes from Dec 1st to Jan 16th each year, effectively cutting off our access to our post during Christmas. We are 20 apartments and the administrator has the voting rights of 11 mostly absentee owners (we do not have a president) and so we have no chance to oppose anything he decides to do - he is NOT an owner. This is only a small example of the many problems we have. This Residencial is about 14 yrs old and has been run this way all of that time - we are owners from only the last 5 years and feel like we are up against a wall with no way out. Would appreciate any help/advise you can give. Thank you.

• terry gibson Says:

  Sun, Jun 26th 2011, 19:48

  For two years now we (the community ) have payed 30€ each to be put into a separate bank a/c for the painting of the community block. This hasen't been done and is being swolled up in community expenses. Can we force the president to open a separate bank a/c. Thank you. Terry

• Marta Says:

  Thu, Jun 30th 2011, 20:10

  Hi Terry, Sure. You need to speak to the community administrator or president and ask him to hold an extraordinary meeting in order for this to be discussed. Opening a separate bank account can be agreed on.

• Ian Says:

  Tue, Jul 5th 2011, 20:00

  We have just been advised by the local council that our residencia of 400 plots, the majority of which are detached villas, is to become a CO. I am trying to find out the details about establishing a CO from scratch, such as timetables, etc., but cannot make any of the links work at your excellent starter article. Can anyone help with the links please or point towards a starter guide for all of the new residents. Many thanks, Ian.

• Ian Says:

  Fri, Jul 8th 2011, 19:10

  Further to my last question, we have just been advised that our development is to become an Etidad de Conservacion instead of a CO. What is the difference in rights and do we have any choice in the matter? Many thanks, Ian

• Patricia Says:

  Mon, Jul 11th 2011, 17:00

  Hello Ian, I believe your question has already been answered via e-mail, but I think it is good to reply it here as well so it may help anybody else. An Entidad Urbanistica de conservacion is a public Law entity; not Private like Community of Owners. The Entidad Urbanistica de Conservacion is formed by the Owners and other individuals to collaborate with Building purposes, as for instance conservation and maintenance of the Urbanization construction works, public services, etc. This type of entities work in the same way as ordinary Communities, as there are quotas/fees to be paid regularly by the owners, and its establishment is processed by the corresponding Town Hall. In your case, we believe that after the builder has finished the urbanization, he has transferred the streets and green areas´ ownership to the Town Hall but the Owners of the houses on the plot are responsible for the conservation and management of the same. The existence of such entities is not necessary if there does not exist any building/construction Works that need to be conserved and managed at the urbanization, though this will not mean that, in anticipation of its future existence, the entity is established beforehand in order to accomplish its future obligations. The establishment of this type of entity is only compulsory when the responsibility of the Works of the urbanizations belongs to the owners of the industrial or housing plot, by virtue of the indications of the Urban Ordination Plan or Programmed rules of Urban Intervention or should them be obliged by legal dispositions. The ordinations and regulations of these entities will vary depending on the province. Our advice is that you approach the Town Hall department of Urbanismo and make an enquiry on the current status of the establishment of the Entidad Urbanistica de Conservacion of your urbanization. Regards,

• penny Says:

  Tue, Jul 19th 2011, 15:28

  in a vote of no confidence from the floor against a committe member can that person use proxy votes to ensure they stay in office. The person holds many proxy votes.

• Charles Says:

  Wed, Aug 24th 2011, 17:53

  The president of our community has erected a glass enclosure around his terrace. The statutes state that no alteration to the terraces can be made without the unaminous consent of all owners. It also says that the president must represent the community in the court. How do I get the president to take down the illegally erected structure?

• Ian Peters Says:

  Fri, Sep 23rd 2011, 00:04

  We live on a large urbanisation of over 500 properties including detached, and semi-detached villas, pueblo style blocks, and several large multi-story blocks built so close together as to be effectively one large block. We are having serious corrosion problems in the pillars and supporting beams in several parts of the urbanisation. Our president and administrator have decided that each group of owners must pay for the damage under their part of the buildings. In a neighbouring urbanisation with very similar problems their administator advised that under the Law of Horizontal property the the beams, pillars and other supporting structures under the affected units were in fact "communal" and the whole urbanisation took responsibilty for the repairs using the "cuota" system to allocate costs. I would be very grateful if you could give your opinion as to which version of the law is correct.

• Piet Rietveld Says:

  Sun, Sep 25th 2011, 10:07

  We do have a community with 20 detached villas. The only common area is a swimming pool. In the minutes of the last AGM is stated that according to the Horizontal Property Act (HPA) the owners are responsible to keep their properties and also their gardens in "good condition". Could you explain to me how I must understand "good" in this case according to the HPA?

• Patricia Says:

  Wed, Oct 5th 2011, 15:05

  We do have a community with 20 detached villas. The only common area is a swimming pool. In the minutes of the last AGM is stated that according to the Horizontal Property Act (HPA) the owners are responsible to keep their properties and also their gardens in "good condition". Could you explain to me how I must understand "good" in this case according to the HPA? Dear Mr. Rietveld, Owners are responsible for the maintenance and good keeping of their gardens, in relation to Safety and Hygiene. Each Town Hall has its own regulations regarding the good keeping of the green areas and swimming pools, indicating the specific requierements to be met in relation to Safety, Hygiene and correct working order. You can reach the Town hall and request a copy of the specific ordinances to have a clear idea of what is considered to be in " good conditions " . Regards,

• Patricia Says:

  Wed, Oct 5th 2011, 15:35

  We live on a large urbanisation of over 500 properties including detached, and semi-detached villas, pueblo style blocks, and several large multi-story blocks built so close together as to be effectively one large block. We are having serious corrosion problems in the pillars and supporting beams in several parts of the urbanisation. Our president and administrator have decided that each group of owners must pay for the damage under their part of the buildings. In a neighbouring urbanisation with very similar problems their administator advised that under the Law of Horizontal property the the beams, pillars and other supporting structures under the affected units were in fact "communal" and the whole urbanisation took responsibilty for the repairs using the "cuota" system to allocate costs. I would be very grateful if you could give your opinion as to which version of the law is correct. Dear Mr. Peters. You can easily find out what are the communal elements: 1. To all owners of the urbanization 2. To each block 3. To one sole owner ( villa or apartment owner ) This information is found in the Title deeds of the Horizontal division of the land, as well as the articles of the Community of Owners ( Estatutos ). These deeds must be accordingly registered in the Land Registry Office and you can request a copy from the Community of Owners Administration office. Best Regards,

• Yvonne Fischer Says:

  Thu, Oct 27th 2011, 16:28

  I have no comment.I would like to know if the Administrater and the President of an urbanisation have the law on their side to do anything they want

• Patricia Says:

  Fri, Nov 11th 2011, 16:01

  Hello Yvonne, Certainly not. Their roles and rights are defined and regulated in the Law of Horizontal Property: Ley 49/1960, de 21 de julio, sobre Propiedad Horizontal. Rergards,

• Monica Cannon Says:

  Tue, Nov 22nd 2011, 18:01

  I own an apartment which is registered in my name only, can my new husband put himself forward as a committee member or president. We have been legally married for many years, but the apartment is still in my pre marriage name, does he have a right to stand for an office.

• Michael Says:

  Mon, Nov 28th 2011, 23:32

  If the registered owner of an apartment is a company, can a representative of the company or a shareholder in it be elected to the office of Community President?

• Gerald Says:

  Tue, Nov 29th 2011, 12:03

  Is the flat roof of an apartment block communal property? If necessary can I get access to my satellite dish which is on a communal wall only accessible via another resident's apartment roof.

• Patricia Says:

  Tue, Nov 29th 2011, 16:02

  Is the flat roof of an apartment block communal property? If necessary can I get access to my satellite dish which is on a communal wall only accessible via another resident's apartment roof. Hello Gerald, The best thing to do in these cases is to check the property title deeds and Community of Owners statutes ( that the Community Administrator could provide ) and check if there is a “right of way” ( derecho de paso ). In the event there was nothing established to that effect, you would be in your full right to request the said derecho de paso was indicated in the Community statutes. Regards,

• Polykrates Says:

  Fri, Dec 9th 2011, 07:31

  We have no communal swimming pool in our small community. A strong minority of owners is against building one, since they fear the running costs. Our administrator says: It needs a 3/5 majority in the AGM and dissenters are only free from sharing the building costs, if the costs exceed one normal yearly budget. But the horizontal property act says in Art. 11, that nobody is forced to share the costs, if it exceed 3 monthly rates. Are there recent amendments changing this from 3 months to one year? And the quorum for the AGM is ruled by our community statutes: "No owner can demand new installations, services or improvements that are not required for the adequate maintenance and habitation of the building, except if agreed by owners representing two thirds of the quotas." Or is Art. 17 of the Horizontal Property Act applicable with a 3/5 majority?

• lorraine Says:

  Mon, Feb 13th 2012, 19:26

  i have an apartment in an urbanization in tenerife and the apartment above terrace is very old and has caused damage to our ceilings in the lounge and single bedroom we informed the owner stating the problem as the rienforfing bars of the terrace will have rusted due to neglect the owner has had the terrace retiled but not addressed the underlying problem wich needs to be addressed from our cieling am i within my rights to have it done and give the community the bill to put alien on the owner as she is quite arrogant and has refused to pay but the consciquences are a colasped terrace into our apartment and will also afect the aparetment aboves and maybe more

• Patricia Says:

  Fri, Feb 17th 2012, 12:54

  Hello Polykrates, That is correct; a new swimming pool installation will require that 3/5 of the community owners agree to it, providing that fraction equals the 3/5 of the community shares. Any owner can refuse to make payment of this extra community charge if it exceeds the cost of 3 monthly fees for communal expenses. That owner will not have a right to use the said swimming pool once installed if he does not get up date with the extra community fee for the purpose, including any interests generated. Regards,

• Arthur Ennimore Says:

  Mon, Apr 2nd 2012, 15:02

  We are part of a small enclave of 19 private houses built in 2004 by a rogue builder who refrained from informiing the buyers of the illegality (Built on rustic land etc) Until now we have had an owner's association with a lawyer advising - most expensively! The lawyer has on occasion told us that we do not need to form a Comunidad , as there are no communal services whatever except an unmade road running through the centre. There are no communal areas whatever just 19 individual houses. The same solicitor who said we do not need a Comunidad has now suggested forming one - no doubt who the paid administrator will be!! At least three owners on the site including me, think this is completely unnecessary. We are NOT a community Can we be forced to join it and and bow to the wishes of a simple majority ? We are about 50/50 pensioners and people working here who are much better off than most of the pensioners, and trying to push this through

• Patricia Says:

  Tue, Apr 3rd 2012, 15:33

  Hello Arthur, It is certainly convenient to have a Community of Owner set up, however, there is no obligation whatsoever to be part of the Community if you do not wish so. If the Community is finally set up and you, plus the other 2 owners that disagree, do not join it, you must be aware that you will not be able to enjoy any communal areas managed by them. You mention that the only communal element is the road that runs through the centre, however please be aware that this may not be considered a communal element but a public use element, so the Community of owners is not the entity responsible for its use, management and maintenance. Regards,

• David66 Says:

  Sun, Apr 15th 2012, 07:16

  I am Vice President of a Community. We have mixed nationality and most of us have only a little knowledge of Spanish. We therefore hold our meetings in English. Minutes of the meeting are produced in English and this English version is signed, sent to owners and approved at the next AGM. The Administrator produces a Spanish copy which is sent to the Land Registrar. I have been told that it is a legal requirement that this copy is in Spanish. My question is, in case of problems with translation, which is the legally binding version of the minutes?

• Marta Says:

  Mon, Apr 16th 2012, 21:53

  Hello David66, The legal binding version would be the one which was originally agreed by the owners. This is the English version. The Spanish version would need to be corrected to match the original agreed minutes.

• stuart16 Says:

  Thu, Apr 19th 2012, 17:41

  Hi, we are paying over 500euro a month in community fees (Fuerteventura) and never see any detailed accounts. All the maintenance and cleaning work carried out on site is by the Presidents own company. So our unrealistically high fees are going straight in his pocket. He owns the rest of the property and we never see any copies of bank statements to show he puts in the same. Can we withdraw from the community and only pay necessary maintenance on receipt of invoices etc. Please help. It is a small community of 3 villas and 8 apartments with a pool. Now we have the Tourism Licence issue which we were never told of when he sold us the property. A nightmare on every level.

• Kitch71 Says:

  Thu, Apr 19th 2012, 21:00

  I rent on a community and have 2 dogs, I recently lost my mother and have rented a house for her dogs with someone to look after them on the same community. I made the mistake of telling my neighbour who is an owner, he is most upset that more dogs have moved onto the community. Our dogs are not noisy and we are responsible owners,with the mess cleared up twice a day. The owner of my villa and the one we rent from do not have a problem and are happy to have a tenant that maintains there property and pays the rent on time. We have now had a letter from the community, saying a complaint has been made by a neighbour re noisy dogs and the garden being a mess and that the community law allows only 2 pets, and that we must remove one or more dogs. However, we rented the property with the community acting as agent, as my mother had been a tenant at another development they had and they acted as the referee for us. So it seems funny that this issue arises 4 days after my disagreement with my neighbour. I hae permission from the owner to have the dogs there and the community knew we had 3 dogs when we moved in. They can not surely then issue such an ultimatum. Without us being able to put forward our case.

• Rupee Says:

  Tue, Apr 24th 2012, 15:09

  We have a similar problem to Charles (Wed Aug 4th, 2011). Our President has erected a wooden terrace outside his 1st floor living room, and metal stairs descending to his ground floor level and garden. I believe the law is that such extensions need the permission of other owners, which he has not sought. The terrace and stairs mean that our garden area is intrusively overlooked. What recourse do we have now that it already exists?

• Patricia Says:

  Wed, Apr 25th 2012, 13:40

  Hello Rupee, Before taking any action, the statutes of the Community must be checked to determine if the terrace construction has any effect on the communal areas. Also, the town Hall ordinances have to be checked. If you wish to explain the case in more detail, you can contact me personally on the details below. Regards,

• Rupee Says:

  Sun, Apr 29th 2012, 22:36

  Thanks Patricia. I could not see your contact details. Can you send them again.

• Patricia Says:

  Mon, Apr 30th 2012, 13:42

  Hello Rupee, If you click on http://www.lawbird.com/staff/Patricia.Martin, you will be directed to my page and you will find there my e-mail address and telephone number. Regards,