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Hi Kevin

You are welcome.

You can always change the voting system amending the Master deed, but that requires unanimity. So it's a catch-22 as the developer will most likely not cave in and...

Dear Kevin

I'll quote my article which explains how votes are tallied at Owners' Assemblies (AGM's and EGM'S):




Commonhold Quota

On drawing up the Master Deed before a Notary, every...

Hi,
I´m new to this forum and live in Tenerife Canary Islands, Do ALL property laws that apply in Spain also apply to Tenerife?:)

Hi Suzi,

Not all of them.

Spain is divided...

Well façades are a communal element. All Communities pay to have them painted every 3 years or so and that may include the balcony railings as well, indeed. In fact, if you try to paint your balcony...

Dear Mr Webb,

That's the problem with this job, can't make everyone happy.

The trimming of hedges, as its effectively a boundary, needs to be paid for by the Community as it can be regarded as...

Dear Mr Webb,

That's a very interesting point you raise.

Are you sure those gardens are not communal?

I write this because I know first-hand a development which lower apartments have these...

You are welcome John.

Do you have any recommendations as to how we can successfully tackle the problems with barking dogs and yowling cats?

Yes, how about a moonshade? J/K

Jokes aside, yes you can include this in...

Apologies David, I had misunderstood your query.

That's up to the owners to decide if they want to vote a president once a year or every 10 years for example.

Section 13 of Spain's Commonhold...

Hi David,

As you well write it cannot be done.

AGM's have to be held once a year statutorily as per Spain's Horizontal Property Law (Commonhold Act) pursuant to section 16:




Section...

You're welcome Mr O'Connell.

I think you understand very well the gist of my reply.

Regardless if the Master deed enshrines it you are going to face huge opposition from the villa owners and...

Dear Mr O'Connell,

Votes are based on the commonhold quota owners hold, as per my article and as per the law that rules all communal developments in Spain.-



Commonhold Quota

On drawing...

Dear Sir or Madam,

Even if the development is labelled as "residencial" it is not illegal to let properties out.

Another matter is if the complex is located in one of Spain's regions in which a...

Dear Patoc,

You will need to vote this at your next AGM or EGM, yes.

The joint owners should not be regarded as "technically" in arrears as they cannot be held accountable out of no fault of...

In that case someone acting on his behalf will have to propose him at the AGM.

That is not an issue really. A vote is called and the winner is elected.

Not really, no. There is no provision in the laws requiring this.

But logicly it is highly recommendable if you want to stand up to be elected. Presumably there will be other contenders present...

Dear David,

You are welcome.

Of course, any commonholder may choose to sue him.

Quoting my article which starts off this thread:

Dear Sir,

A very interesting question.

It's the Owners' Assembly (whether AGM or EGM) that has to vote him out. If the majority vote wants him to remain for vested interests you simply cannot...

Anytime Sanita.

Quoting my article on Community of Owners :)




I would advise you bring your tin hat to owners’ assemblies and prepare for some serious and protracted trench warfare,...

You're welcome Sanita.

The advice from your lawyer is sound. You must in any case send him that registered letter prior to issuing legal proceedings against him.

No, it's not legal as per my...

Dear Sanita,

Thank you for your kind words.

As per my article, if you are not up-to-date servicing your community fees you are in no position to criticise, demand or vote in an AGM or EGM. In...

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...

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...

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...

Dear Sir/Madam,

I believe the laws on the matter of swimming pools strictly for the Comunidad Valenciana are decree 255/1994 amended by decree 97/2000.

Some municipal (public) swimming pools do...