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Thread: Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

  1. #151
    Unregistered
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    Default Martin

    Quote Originally Posted by patoc View Post
    Stephanie,

    Many thanks for the response. I have one further query ; you say that "The Law establishes that the unanimity of votes will be required to validate those agreements implying the approval or modification of the rules contained in the horizontal property title as well as in the statutes of the community."


    In my own Community we do not have any specific Community Statutes. We chose instead to incorporate everything, including the rules for modifications / development, in our Internal Rules. As such we assumed that most minor developments, including changes in appearance, would be covered at an AGM/EGM but would be settled by a majority vote, whereas only major developments would need unanimity as covered by Section 12 of the Horizontal Property Act.

    Bearing in mind what you said I looked at my own Title Deeds. Am I right in thinking that if I changed the square metres of my property from what is stated in the deeds, or if the cuotas needed to be changed for any reason it would need a unanimous vote ? I cannot find any other rules or anything else relevant so if are other minor developments OK ?

    Many thanks
    Patrick
    HI, I am in the same boat as you are. My understanding is that the community rules take president over the Horizontal law. Therefore a simple majority vote at the AGM (as well as the town hall planning permission) and bingo my roof terrace is legal. in the community rules established in 2016 it mentions that that all previous alterations will be tolerated, so I am assuming as long as you got your windows tiling roof terraces swimming pools etc. prior to the rules being established in 2016 you are fine from a legal pint of view?

  2. #152
    Junior Member
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    Oct 2017
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    HELP!! We live in an apartment block in southwestern Majorca and have a new president of the community since last year. He has bullied the existing committee into banning at least two prospective members (although the two had been supported by the majority of the owners) from being voted into the committee. He has instigated over one million eu worth of repairs on our building (executed by his friend in property development) which are deemed unnecessary by our neighbours who are a civil engineer and an architect (also owners in the community). He has shouted down any dissent at the AGM, he has also threatened to sue our neighbours for slander for finding out and letting us know that he had been accused of embezzling over 400,000 francs in Paris
    as a mid-level city politician in the mid-1990s (he was also accused of cronyism, but acquitted, he emigrated to Majorca afterwards, to anonymity). The man is hell-bent on spending every penny the community has in its pockets without providing any or very little financial/accounting evidence where the money is actually being spent. What can we do, if anything, to challenge his decisions. Some owners are selling and some are illegally renting out commercially in order to afford the threefold rise in our monthly community costs. Please help. And I hope this sad story is a lesson to anyone buying into a community of owners in Majorca.

  3. #153
    Junior Member
    Join Date
    Oct 2017
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    Recently a neighbours tree roots have been found to have damaged a communal path and another neighbours garden wall. An Arborculturalist has provided a report to the administration confirming this.

    My property is less than 4 metres from said tree and I know that the roots had started to damage my property specifically my garden path and patio. I have complained and had the issue as an agenda item at the last two AGMs.

    I want to issue a letter to the adminstration and the owner of the tree to say that I will require reimbursement for any repairs and loss of value to my property etc and that I hold the owner of the tree responsible.

    Is there a letter / template I could use that covers this?

  4. #154

    Default

    Hello Partygoer27,


    We recommend you to ask a lawyer tor redact a formal letter. There is no template as the text has to be written in line with the exact situation and the action being claimed.

    The letter can be sent as registered letter ( Burofax ) so it is considered a valid document in a court claim, should the matter get that far.

    Feel free to drop us an email if you require further help.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  5. #155
    Junior Member
    Join Date
    Oct 2017
    Posts
    1

    Default

    aoa,
    good day,i wana ask a question i have minor age child with spaninsh nationality can i get comunitario residence card.i have nie in spain

    thanks
    Last edited by naveed; 10-31-2017 at 07:42 PM.

  6. #156
    June Barrie
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Our President (who was the developer of our building) has just resigned without any notice. He has acted as President, Secretary and Administrator for 10 years and is a lawyer. He does not live in the complex of 174 flats so is not around much.
    There are 36 individual owners with only 30 paying, and there is 1 company who bought 42 flats and went into liquidation some time ago in UK. But they stopped paying community charges 3 years ago owing us thousands, because they claimed the President's company paid no community charges. He has says he has unsuccessfully the company with the 42 flats, but also said he had no money to take them to court here in Spain.
    As his company owns 100 flats he provided cleaning and repairs, and pool maintenance and dedicated 4 people to this task instead of community charges. We are always struggling to pay lift maintenance and electricity bills. Despite my attempts to raise the fees, he always said no with his majority vote. He always called the AGM in the middle of summer when no English owners were here. We never saw any bills, he just produced an annual statement from the community bank account
    His company did not pay for public liability insurance, no fire extinguishers have been checked since 2009 and his staff have dropped from 4 to 1 and today to 0. Repairs to water supply in basement are required on a regular basis, and the lifts fail as they were badly installed. We have negotiated a payment plan with them so get the 13 lifts serviced every month. But he is the only person who has access to our community account.
    We got a quote last year from a professional company to run the place, but with no money coming from the President it was impossible to recommend raising the community fees by 4 times. He never published minutes of the AGM and refused to change rules He is the only owner who speaks Spanish all owners bar 2 are just holiday visitors.
    Our pool was retiled by his workers, then some of us paid for the water. By the time the water was put in, 4 months later nearly all the tiles have come off. Children and others have had cuts on their feet, and we feel without new tiling water may escape into the restaurant below.
    So we have changed the locks to 3 doors today as the renters disobayed all pool rules, and brought half the village into to use our pool meaning actual owners on hoiiday were upset as their children were bullied. He does not know we did this, but felt it was now necessary.
    There is now no-one able to call an EGM as he closed down the community email. He rents out permanently without a legal contract to about 20 flats, taking 3 or 5 years in advance, and these English renters are worried about their position. The President was negotiating with bank to take back all his flats (100). The other company with 42 flats rents for holiday and permanent lets but have not attended an AGM for 3 years.
    We have no money in the community account, nor any access to it anyway.
    I have suggested, as 1 of the 2 permanent owners living here, that we need to club together and get a lawyer. 3 of us bought and changed the locks to the pool.
    The whole complex is filthy, with garage lights falling down to the floor. As they are long fluorescent lights they could cause an accident to a car or even a person. We were told that 30 individual owners are now responsible for any claims for damage. Is that correct?
    I gave up being Vice Present at last yearAGM last year as I was stressed as I did his job of handling all the English complaints
    Our new Vice President has out of his own pocket installed a cctv camera for security because the renters always leave front door entrances open as only 1 key per flat is given and they are expensive security keys.
    Sorry, to be so lengthy but I am stressed again, but half our committee are here on site and the others have agreed to the locking of the pool on safety grounds.

  7. #157
    Evon
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    We have a first floor apartment in Benalmadena Spain and the spanish people living below have a private garden with a tree that is now blocking our views and light. It is not a protected tree as far as I am aware . I have written to the admistrator 3 times since the 1st July 2018 who have told me they have spoken to the people. In vain I am sorry to say! In desparation I took the i pad to show the lady our predicament. My spanish is limited but good enough to understand that she has no intention of cutting the tree shorter. Can she be enforced to do this ?

  8. #158
    Kathleen Callaghan
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    I have two questions. An owner has let her property to prostitutes, carrying out a business is illegal in our community. at the agm it was stated this is not a business but an activity and is legal in Spain.
    2. It was agreed at the agm to cover the community gates with a metal plate, an objection was raised after the meeting and the decision has been rescinded. What action can those if us who voted for the motion take.

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