Community Statutes

I own an apartment on a near 2,000 apartment gated resort near Mar Menor.
Must any decision to change any part of the community statutes be unanimous, or can we go ahead with a majority?
Thanks you.

Dear Sir or Madam,

I politely refer you to our article on the matter which has a link to the Commonhold Act (AKA Ley de Propiedad Horizontal or Horizontal Property Law)translated into English:

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009

Quote:

---

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.

---

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Thanks you for explaining that "unanimity is necessary for modifying the rules contained, either in the Master Deed or in the Community’s Bylaws" and "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."

We have adocument titled "Articles of Association" that we refer to as the "Statues", and were incorporated on the Public Deed under the Public Notary D. They contain all sorts of different things, including condition of use and common services.

How can we establish whether the document as a whole, or parts of it, count as "Master Deed", "Community Bylaws" or "Community Rules"?

Thanks.

Dear Sir or Madam,

That's already explained in my article in detail:


Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009

Quote:

---

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.

---

Yours faithfully,
Raymundo LarraÃ*n Nesbitt