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Thread: Can an owner challenge a community rule?

  1. #1
    Unregistered
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    Default Can an owner challenge a community rule?

    Our community of villa`s and apartmnents have a number of swimming pools and garden`s, we where lead to belive at out 1st community agm ( community bylaws ) that these pools could only be used by the releveant subcommunity owners.

    The subcommunity owners paid for the maintanace, in their community fees for the past 2 years, however upon having the administrator check the General Community statutes it would seem that the legal opinion is that the swimming pools and gardens should come under the general community budget. Where both villa owners and apartment owners contribute to the cost, and all owners can use any pool on the development.

    My question is this, if an owner or subcommunity president wished to challange this legal opinion, what would the procedure be to follow?

    Would there be any point in challenging this?

  2. #2
    Legal Consultant
    Join Date
    Oct 2010
    Posts
    57

    Default

    Hi,

    If the General Community statutes (ie. estatutos de la mancomunidad) define the community as including all subcommunity swimming pools, then I am afraid that the maintenance costs will have to be split between all villa and appartment owners. It is likely that the statutes have been laid out in this way if all the swimming pools in the general community are of open access to everyone living there. Any further restrictions would simply be too hard to enforce. In this regard, please note that it does not matter what each owner was led to believe by the administration at the time. What counts is what is in the deeds of incorporation of the general community.

    Before deciding whether to challenge anything, and incur into legal costs, it is advisable that you look at the deeds of incorporation to clarify what is the position.

    Kind regards,
    Last edited by lawbird; 01-26-2011 at 12:01 PM.
    Legal Consultant
    Lawbird Spanish Lawyers

  3. #3
    Junior Member
    Join Date
    Nov 2009
    Posts
    9

    Default

    Hi,

    Could i ask what is the procedure, if a president wanted to have a vice president owner tend to the gardens?

    All our gardens are under the umbrella of the general community, however our subcommunity president wants to employ the services of an owner ( no gardening experience ) to tend to just our subcommunity gardens this will keep the other gardens maintained by a garden company, how can this action be opposed by owners who wish to have one garden company maintain the whole community gardens?

    The subcommunity president say`s that she has the full backing of her owners, but no meeting has taken place regarding this or the full costs involved?

    Other presidents i beleive wish to have just one garden company on site.

    Any advice appreciated.

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