Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
This is the discussion thread for the article Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
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Has anyone any answers to my problem. I have lived in a block of 4 apartments for over 23 years. My neighbours to the side have always maintained their own and I and my late husband have maintained our side without asking for any monetary contribution from our neighbours below apart from painting the exterior.
The barbecue, front walls & pillars, we have done at our cost and I have carried on since my husbands death.
The driveway which is communal, they refuse to clean because it is "not their mess", it's caused by a pine tree in next door. The exterior painting was last done over 4 years ago, is in a bad state, again we have painted the bottom half each year because of flaking and green moss, now my neighbours refuse to pay half to have it done and insist I pay to have the top done and they will do their own. Where do I stand legally?
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
Dear Sir/Madam
We live in a community of 8 villas and share a pool and community garden. Before we bought the place, there was a neighbour (a former president) who had illegally ie without community permission extended his property by almost twice. A few other neighbours have followed suit. A new neighbour has just moved in and wants to close their terrace. All these changes/extensions have greatly altered the coefficient of the community. How can we go about changing the quota when it is pretty obvious those who have extended will not agree to it. We can legally make them agree to changing the quota??
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
We have a neighbour who has a dog that keeps us awake for hours. She is renting from the owner and the dog is causing problems that breach one of our community rules. What power do we have to change the situation?
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
At our recent AGM of 16 properties, those present voted to change unanimous voting to majority voting. Despite clarification from the management company this went ahead and all subsequent voting was based on a pure majority and not 3/5th majority. The Vice President, in the chair, and the management company ignored the fact that there were at least 4 objections to changing to majority voting. As a result of their self interests, community charges are now equal and not proportionate, and the majority of previous agreements were overturned. This is clearly illegal as the law states that it requires unanimity to change the Statutes, and this was taken on a majority vote. My problem is how to proceed now. I am aware that this can go through protracted court proceedings, but could this be resolved through calling an EGM? If so, how best to proceed. 25% of the community at least are prepared to call for an EGM, but does this have to be with the blessing of the new president who was at the meeting and spearheaded this campaign?
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
I often hear that there is a law forbidding the use of inflatables in swimming pools in the Valencian region but no-one is able to tell me which decree covers it. Is it possible to visit a government website to view this law, or to at least get the decree number and date?
Kind regards.
I'm beginning to think this law doesn't exist.
No-one has ever been able to find this supposed law which bans inflatables in community swimming pools. I'm guessing that it's an invention of management companies, community presidents and killjoys who are hell bent on spoiling holidays for viisitors.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
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
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
Can an owner who has an outstanding debt to the community become president of that community whilst still owing the debt?
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
What circumstances can prevent an owner be elected as community president?
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
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.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
Dear Raymundo.
Thank you very much for very quick response,it helped a lot.
I asked lawer for advice(but I really hope ,we do not have to go to court),he is ready to take action,if I want to.His advise was to write last letter,send with recorded delivery and demand(on 10th time during 2009 and now) to see all invoices 7 days before our first meeting,as required by law..Then I will have inaf days to sort my fee..I think,director dont have any invoces and only money retyrn to owners will go via court.I been adviced to pay ONLY when I see for what Im paying.My property is second hand property..it was aparthotel before,now 2 blocks is still hotel and only my block with 20 apartments are privat.By the way,prezident lives in our block,and his apartments are 2 made in one and he pays only for one(thought is 2 times bigger that mine.)Is that correct?And I will ask again..are thay alloud to charge us,if it is not such a community here?Prezident was sole owner,now block 1 wants community and thay making up new rules every time thay wish!!
Thank you for your response..
Regards..Sanita
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
ps.I forgot to write,that during 2009 ,director changed my fee 3 times..To be honest at this moment I do not know which one to pay..probably I will go for cheapest one,if thay have a proof of money spending.Thank you.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
Raymundo..thank you very,very much!!You been very helpful with your advice.I am surethat I am ready for our meeting!!I will definetly let you know about outcome of it..
Yours sincerly..Sanita
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
How can we remove a president who only stays in place because of proxy votes at the AGM from owners who rent out their apartments commercially to whom he provides cleaning and laundry services? Such commercial renting is actually illegal on a residential complex on Mallorca but he encourages it to make money while our complex deteriorates.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
Thank you Raymundo. Many owners have reported the renting owners to the Conselleria de Tourisme in Palma and their inspector has started to visit and interview renters after which proceedings have been started. That's great and no doubt the Summer will see many more visits and many more proceedings. However our President is very thick skinned and he won't allow us access to his rental customers to let them know they are breaking the law. That's crazy, of course, so I imagine that the next AGM in April will be very heated. My question is, does anyone have a direct right to sue the president for what he is doing in encouraging commercial renting on a residential complex and profiting from that renting by leaving his customers exposed to fines and our complex like a holiday camp. Many thanks, David.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
If you want to be voted in as President or a member of the Committe do you have to attend the AGM of the community.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
We have a non-resident who wants to be elected onto the committee again for a second term. He will not be at the AGM in person. How would he be voted in.
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain
It has only recently emerged (after some 6 years) that our Community fees have been calculated incorrectly. Cuotas have been ignored and all fees rather than just the pool/garden maintenance costs as laid down in the Master deed, have been calculated on an equal basis. Ours is a 97 property Community raonging from a 70 sq m Apartment to a 600 sq m Villa.
I have reported this to the President but had no response as yet, and I intend to put it on the next AGM agenda. As this is an ERROR that needs to be corrected, am I right to assume that no vote is required ( effectively this is an illegal change to fee calculations) ? If a vote IS required then are those Properties who have underpaid entitled to vote as technically they are in arrears ?
How should I proceed with regards to previous over/underpayments - does this need a vote ?
Any other advice or tips would be greatly appreciated