Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Unregistered]

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.

It is a shame this post never received a response, as this is indeed a concern or many Communities all over Spain. Nonsense that the law deals quickly or efficiently with debtors, our Ommunity is still awaiting results from legal case regarding 2007/8 debts. What can honest fee paying owners really do to change things?

[Margaret Steel]

Can my husband who is disabled due to a Brain injury be forced to be the President of a complex?

[Patricia]

Hello Margaret,

If the disability your husband suffers is as severe as to render impossible taking on his duties as President, he cannot be obliged to accept the role. You would only need to provide the Community of Owners with medical certificates proving the incapacity of your husband to take the President´s position, so he would obviously be exempt of his obligation.

Regards,

[Ted]

Doulton reply: In response to your communication which incidentally I found difficult to read, I cannot believe there could be two such Communities with the same problems. In March 2012 a new President and Committee were voted in at our AGM. Prior to his appoint,met, the President appeared to be a quiet resident who cared for our Community. He has become a tyrant who harasses and intimidates the Community. He and his Committee are to be seen walking though the Community, each with clipboards, entering private properties without permission, giving orders to Residents and making our lives a total misery. I have been a homeowner/resident from off plan, some 12 Years and have never experienced this authoritarian regime during my lifetime. Yes they have verbally and physically attacked residents; have "sacked a vice president" (without consultation) because he did not agree with their oppressive regime; have blatantly lied; have bombarded our Admin with abuse and emails to the point where the Admin have now Resigned. The EGM 2012 where these 3 men were ousted from post awaiting a Court decision, have now illegally reinstated themselves; are Interviewing 3Administrators without calling an EGM allowing homeowners the right to ask questions and make decisions. It now appears they are trying to take control of our Community Funds - even though they are NOT recognised legally as the Management Committee. Yes these three men are destroying our lovely Community all because they wish to abolish the Horizonal Act as they are Villa owners and do not wish to pay more towards the Community on quota. These three men also returned to their home countries for 3-4 months this summer, leaving instructions that the gardens were not to be watered, the pools to be cleaned once a week, thus the pool was dangerous for swimming and the gardens began to die. In their absence they were over- ruled, an EGM called and Admin started Court proceedings. Our AGM is in March Heaven only knows what that will be like! I am sorry I don't have an answer or a way forward. I can only hope they are not allowed to be re instated or voted in again.

[Bleriot]

Hi Ted / Doulton,

Is is very obvious we live in the same Gulag. The 3 men, and 1 very nasty lady have made it their business, to try and make our life a misery. However if we get the bums on seats promised for the AGM we might make some changes. Their worst insult was to deny a democratic vote at their EGM as they knew we had the support of 35 owners, the same number as voted at the previous EGM. The have to be made to realise we don't want them or their management style.

Best regards,
Bleriot

[MarbellaOwner]

Hi. I own a house in Marbella that I have owned for 25 years. It is in a community of 26 town houses. In the original Statute it stated that the swimming pool would be painted every 2 years and the houses would be painted every 5 years. This was to ensure all the houses had a uniform appearance and in fact you weren't allowed to paint your house individually but in reality this is ignored by many house owners. My house was painted by the Community after the first 5 years but hasn't been painted since. I have brought this up at many AGM's but the response has always been that there isn't enough money, largely due to many people owing Community Fees. The result is that all the houses are different states of repair, some are good, those who chose to ignore the rule, and other's are quite bad with more damage occurring as the houses are no longer weatherproof. I would like to take the Community to task on this and would like to know what my position is legally. Thank you

[Patricia]

Hello MarbellaOwner,

You are in your full right to claim that the CO fulfills the obligation to paint the buildings. It is not only an aesthetics issue but also necessary maintenance and conservation duties that must be accomplished.

The usual procedure would imply the President including the proposal when calling for the Annual Meeting or even an EGM to discuss the matter. You can certainly claim in advance that the President includes that issue in the Minutes and if you are supported by other property owners the President will be obliged to include it.

The Owners must know, prior to the Meeting, the issues that will be discussed, and whoever has proposed the matter, together with the CO administrator, must obtain at least 3 quotations from different companies for the work completion, and these must be voted on and approved at the AGM or EGM.
Obviously, the financial capacity of the CO must be considered to foresee the expected costs and economic impact of the expenses, as well as the increase in the community fee, as there are certain limitations that cannot be exceeded.

If the President finally decided not to include the matter in the Minutes, or if the said mater was unjustifiably rejected by the property owners, you could challenge such refusal at the courts of Justice within the legal timeframe and meeting the legal requirements to do so. We recommend you to ask for legal aid from a solicitor as each case is different and the particulars and specific circumstance must be studied, so legal advice should be required before taking any action.

Regards,

[Carol]

The majority of villa owners on my small estate of 33 houses have voted to apply for touristic status. I am concerned that losing our current residential status I might only be allowed to live in my property three months out of every twelve. Can they do this or does such a monumental change to the classification of my home need 100percent unanimity. That is if I am the only one to say no then it can't go ahead.?

Thank you

[Angela]

Good Afternoon,
What paperwork should a landlord have to prove that work to change a residential building to a commercial has been approved by the local town hall in the Valencia region ?
I am looking to rent a property that has been changed but want to make sure this has had the full approval of the town hall as I do not want to be liable for any problems later on. Many Thanks

[Ian - Tenerife]

I read somewhere that people owning more than one apartment on a complex could only have one vote in order to stop someone who owns 51% of the units from hijacking all decisions regarding the community for their own benefit to the detriment of the remaining owners. Despite bookmarking it I seem to have lost the relevant quote. Is this true or can multiple unit-holding individuals play fast and loose with other owners wishes?