Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Dan W]

Good Afternoon.
I live in a urbanization with 6 blocks. I live on the highest block in an atico. At our last community meeting i asked if i could install a chimenea. I have all the correct paper work from the local council. However one women objected, and she lives no where near me and also on a ground floor piso. so my request was denied because of one women, is there anything i can do? Regards Dan

[xxspanglishxx]

Our Administrator has told us that if we don't pay next year's community fee prior to the meeting, then we can only discuss items and not vote on them. Surely this can't be correct as next year's fee hasn't even been voted in. I'd appreciate any comments.

[D barker]

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]

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]

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

[D. Anchell]

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

[Lawbird Lawyer]

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]

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]

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 LarraÃ*n Nesbitt

[Sanita]

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.