Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Patricia]

Hello,

As you have mentioned, your CO statutes and regulations agreed that 2/5 would be enough to approve the installation of a service, Communal swimming pool in this case. This system differs from the one observed in the current Law of Horizontal Property, that is 3/5 ( article 17.1 ). There seems to be a confrontation between what has been stipulated in the statutes and the current Law, therefore we need to clarify if the rules to be applied are those approved in the statutes, internal operational rules or the current LPH.

Article 396 of the Civil Code, last paragraph indicates, in reference to Joint Property ( as your Horizontal Property is ), that the same are ruled by special legal dispositions and whatever it allows for, by the parties' will. On the other hand, we must regard Law on Horizontal Property as special Law, as determined by its article 1.1: " The present Law purports to govern the special system of ownership established in section 396 of the Civil Code, known as horizontal property." In section 17, paragraph 1 of the quoted article, it is established: " The resolutions of the owners’ general assembly shall be subject to the following rules ". The content does not offer any possibility for the parties to alter these rules set forth as being imperative.

As a consequence, we consider those regulations to be regarded void as not being in accordance with the Law stipulations in connection with the established quorum for the swimming pool installation, as it must be ruled by the 3/5 system established on the LPH, not having the community members any right to modify it, neither to extend nor limit the legal percentage.

Regards,

[Peter Wilkinson]

At this years EGM our President attended for the first time in 7 years. Prior to the meeting my wife asked how often the trees within the community were trimmed. We have one tree in front of our 2nd floor apartment that has been trimmed twice in the 7 years we have owned the apartment as have other trees generally in the community.
However, at the EGM the President gave a lecture that we cannot expect our views - from windows or terraces to be retained and put a vote to the community that no one has a right to a view. The Spanish neighbors usually back the president ( absent or not) so the vote - mostly by proxy - was passed. THis has led to neighbours having no view from their windows - but they can open their shutters but only if trees are cut to allow them to open but not view. To me this is ludricous as for 7 years we have no problem. I asked why there is a problem of the President but got no response. Surely this is simply crazy.
We get on well with everyone in the community and just find this childish.
Any thoughts?
Thanks

Peter

[Sue Parrish]

Hi, I live in and own a apartment in Mallorca. This is mainly residential, but some owners rent out to holidaymakers, which I know is a grey area. My immediate neighbour (Spanish owned), rents her apartment every year to young workers. This is usually for a six month period. We have had a terrible few years of this. No sleep, loud music and being sworn at. We are not unreasonable, but all we ask for is a nights sleep. We have been to the police, but that does not seem to help. I want to know if her renting out is legal, I do not think she pays any taxes. I dont want to get nasty, but after nearly six months of no sleep I am worn out. Where do I stand?

[Dawn]

Hello
My husband has brought two locals, We have had the communtiy charges but they dont show IVA. now we can claim the IVA back so got in touch with the communtiy office and asked them to send us a facture with a break down of IVA exempt and non exempt and a facture Number, they have told us that they wont do one. Now I did explain that if we were paying communtiy for 20 years and some of it had IVA in and we couldn't claim it back, we would be lossing a lot of money. Can anyone help please.

[Patricia]

Hello Dawn,

The community of owners cannot charge VAT on the community fees, unless they were renting out premises, and therefore making profit. Therefore they are correct in refusing to apply VAT on the bills you pay and issuing an invoice for it. You mention some community charges had VAT?? This is against Law, as a Community of Owners is not a money-making entity and is not obliged to charge VAT. The CO´s purpose is to maintain the communal elements and does not generate income.

Regards,

[Doulton]

Hello can anyone help or advise..we have had a new president for the last 6 months it's been he'll ever since he lives in larger villas at the to of the street along with the vice presidents they have been changing everything in place from the previous tenant when t worked has caused upset in the community by disregarimg our emails in fact not even responding and labelling those who have as a group out to get them for the change this couldn't be further than the truth he has lied about things happening everyone he says is threading him all done he says by email to all to oust them out ...this community has worked like clock work for years and years prior they cut back on the gardening the pool pumps said we were lying when complained about the gardens being over grown the pool was dirty we called an EGM two monthis ago and were neck and neck on the a vote of no confidence so it was sent to the courts and was decided that until this was taken to court the administration would ru. Things till the courts decided the administrator has now resgned after years of so much done for us as the three involved were attacking her verbally she's had time of for stress then they called a EGM to get rid of the administrators and they were bombarded with false accusations and it resulted in them resigning and enough is enough they then declared they were back in as president and vice presidents and would be leting us know about quotes for new administrators is this legal they say...they have consulted lawyers and they were removed illegally so now administrators have resigned they are mow back in help please they have destroyed our beautiful community bombard residents who don't live here with emails to suit full of lies referring to us who dare question then as the group out to get them..

[John Staircome]

We live on a development with around 80 properties, it’s made up of individual villas, villa type houses with 2-3 apartments and around 10 townhouses, it was started around 30 years more or less. Our President lives in a house that has doubled in size years ago (measured online from cadastre) but it is still not updated in the town hall records, so his IBI will be underpaid for the size of his property.
There are other owners who have increased the size by between 70 - 200% but have had town hall approval, so their IBI is most probably correct (again seen on data from online cadastre). All these people are in a small minority group voting to keep the quota %s as they originally were before these reforms/rebuilds, (against the original statutes also). The original coeffecients were never approved and registered and the administrator claims that the coefficients have never changed since he has been administrator - this is a lie as 2 years after he took office in 2002, 2 small houses were demolished and rebuilt as one with over 550m2 constructed. These “official quotas” suddenly appeared on a sheet handed out with the call to AGM around 2008, and although the community bylaws were written in 1996 – nobody knew back then who was responsible for deciding on the quotas (they should have been calculated according to the statutes, which ALSO have never been registered). Although the administrator admits to receiving the coeffecients from the previous administrator whereby he says the coeffecients were approved in the statutes of 1996 – he states he holds no original approved record of these documents and now produces this list from the sky?
This small elite group is obviously vetoing the "100% unanimous vote" needed to change the quotas - which is now to the detriment of the smaller properties on the complex (around 70%). Can we take action against the President for knowingly keeping things to his own and friend’s advantage? Community fees have more than doubled since 2003 despite the utilities and other things being handed over to official departments or upgraded so as to be maintenance free, so there is almost nothing left to pay for as a community anyhow. This fact alone has thrown up a lot of question marks and alerted certain diligent owners to start asking pertinent questions as to where is all this money going??. From the budget we know that repairs are charged at double if not more, than it really costs and also I know of someone who injured themselves due to the fact there was no lighting on the way to their property and still is suffering six months after the fall.
Your input is greatly appreciated.

[JAMES NICHOLLS]

HI, I OWN AN APARTMENT IN A BLOCK OF TWELVE APARTMENTS, IN SPAIN.18MONTHS AGO I HAD INSTALLED, THREE AIR CONDITIONING UNITS BY A COMPANY. BUT WE HAVE NOW HAD A LETTER ,FROM THE ADMINISTRATOR OF THE COMMUNITY, STATING THAT THEY MUST BE REMOVED, AS THEY ARE SPOILING THE FACADE. BUT THEIR IS NOT ANYWHERE ELSE TO PUT THESE UNITS, AS WE HAVE NO OTHER WALL SPACE. AND WE WERE ADVISED BY THE COMPANY THAT INSTALLED THEM , UNDER SPANISH LAW & HEALTH & SAFETY,lTHAT BECAUSE OF MY ILL HEALTH WITH MY HEART CONDITION & BREATHING PROBLEMS, THAT I WOULD NOT HAVE A PROBLEM INSTALLING THEM. AND NOW THEY ARE SAYING IT WAS IN THE MINUTES OF APRIL 2010. WHICH WE HAVE NOT RECEIVED, AND SEVERAL OTHER PEOPLE HAVE NOT HAD THESE. HOPE THAT YOU CAN HELP THANK-YOU JAMES NICHOLLS

[Marta]

Dear Mr. Nicholls,

It is true that the community can forbid the installation of this equipment if the owners don’t agree with it. However this is something which needs to be carefully looked into. The impact they have on the façade, earlier assumptions and your important health condition which would imply the need of its installation, are all matters which will need to be considered. It is difficult at this point to advise you as it would imply studying your case individually. Therefore we recommend that this matter is taken care by a lawyer as if left unattended, the chances are that you will receive a lawsuit from the community. Being at this point a little late to best defend your interests.

Please feel free to e-mail us more information on your particular case. You will find my e-mail address on my profile

[Graham Johnson]

Hello There,I live in a CO that has the usual debtors and ever year our administrator says they are working on getting them acted against in court to pay up or have their property auctioned off. But at every AGM it is stated that the process is still being worked upon. I have seen on several web sites were this process can be carried out in 3 months. What I would like to know is there anyway that the Comunity can make the administrator do this job quicker besides getting another administrator.
Also I believe that debtors can be stopped from using shared facilities eg. Swimming pool,TV reception etc. is this true as the administrator said we can not stop them.
Any references to these rules would be helpful as we have our AGM next month.
Thank you in advance.