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 fact you are actually jeopardising your own property as the Community may decide to issue legal proceedings against you for unpayment in which case you may even lose your property as it can be seized and auctioned off publicly. Law courts are now clogged with such properties being auctioned off for unpayment.

Having written the above, I fully understand your predicament and it's a matter that is becoming all too common in new developments on the Spanish costas. An AGM should be held mandatorily once a year. In those AGM's a full breakdown for the Communitie's running expenses is disclosed with a detailed breakdown and consequently voted upon by all commonholders which are up-to-date with their comunity fees. Make sure you bring along someone witha high command of Spanish to the first AGM as it's likely to be held in Spanish. The Community can decide for ensuing AGM's to hold it in both languages depending on what the majority of commonholders vote.

In your particular case I advise you to first clear your arrears, hire a lawyer and force the Administrator and President to disclose a full breakdown with the running expenses requesting invoices where deemed necessesary. It is your right and that's why you are paying. Your President acnnot at anytime withhold information from yourselves such as bills or even bully you as you write. Misallocation of community funds is tantamount to embezzlement of funds which may even lead to a Criminal action being taken against the President and Administrator.

Perhaps your President is someone who has been directly appointed by the developer. Maybe your community remains largely unsold and the majority of the votes are still in the hands of your developer. Is it the case?

You are liable to pay for community fees as from the time a Licence of First Occupation is issued for your property by the Town Hall or as from the time you complete on it (in the case where no LFO has been issued yet).

Please read my article for more details:

The Licence of First Occupation Explained - 29th January 2009

Yours faithfully,
Raymundo LarraĆ*n Nesbitt