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Thread: Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

  1. #111
    Jill Hayles
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Where can I find a copy of the Statutes for a community of owners, written in English.

  2. #112

    Default

    Hello Jill,

    If you are member of a community of owners, you have the right to request a copy of the current Community statutes, in Spanish ( the official language ). You must approach the President or Community administrator for this purpose. Some communities register the statutes at the Land Registry when the horizontal division is made, though as time goes by it happens that if there have been changes made on the said division, these are not registered thus updating the current statutes.

    Therefore, the quickest way to get a copy of them is by asking the President. A copy in English will only be provided if the Community Office offers that service to their members, as they are not obliged to do so by Law.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #113
    Junior Member
    Join Date
    Dec 2011
    Posts
    3

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    I am coming back to a previous posting (Dec. 9th 2011): Which quorum is to apply, if the statutes are raising the hurdles against the HPA?
    For building a swimming pool the horizontal property asks in Art. 17 for a 3/5 of shares represented in favour.
    Our community statutes say: "No owner can demand new installations, services or improvements that are not required for the adequate maintenance and habitation of the building, except if agreed by owners representing two thirds of the quotas."
    Am I right, if I presume, the law here gives just a minimum standard of minority protection and every community is free to raise the standard.
    So the quorum asked by the statutes has to be reached?

  4. #114
    Junior Member
    Join Date
    Dec 2011
    Posts
    3

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    If someone could answer we previous posting she/he could make me really happy.
    Our AGM is in two weeks time.
    Still hoping.

  5. #115

    Default

    Hello,

    As you have mentioned, your CO statutes and regulations agreed that 2/5 would be enough to approve the installation of a service, Communal swimming pool in this case. This system differs from the one observed in the current Law of Horizontal Property, that is 3/5 ( article 17.1 ). There seems to be a confrontation between what has been stipulated in the statutes and the current Law, therefore we need to clarify if the rules to be applied are those approved in the statutes, internal operational rules or the current LPH.

    Article 396 of the Civil Code, last paragraph indicates, in reference to Joint Property ( as your Horizontal Property is ), that the same are ruled by special legal dispositions and whatever it allows for, by the parties' will. On the other hand, we must regard Law on Horizontal Property as special Law, as determined by its article 1.1: " The present Law purports to govern the special system of ownership established in section 396 of the Civil Code, known as horizontal property." In section 17, paragraph 1 of the quoted article, it is established: " The resolutions of the owners’ general assembly shall be subject to the following rules ". The content does not offer any possibility for the parties to alter these rules set forth as being imperative.

    As a consequence, we consider those regulations to be regarded void as not being in accordance with the Law stipulations in connection with the established quorum for the swimming pool installation, as it must be ruled by the 3/5 system established on the LPH, not having the community members any right to modify it, neither to extend nor limit the legal percentage.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  6. #116
    Peter Wilkinson
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    At this years EGM our President attended for the first time in 7 years. Prior to the meeting my wife asked how often the trees within the community were trimmed. We have one tree in front of our 2nd floor apartment that has been trimmed twice in the 7 years we have owned the apartment as have other trees generally in the community.
    However, at the EGM the President gave a lecture that we cannot expect our views - from windows or terraces to be retained and put a vote to the community that no one has a right to a view. The Spanish neighbors usually back the president ( absent or not) so the vote - mostly by proxy - was passed. THis has led to neighbours having no view from their windows - but they can open their shutters but only if trees are cut to allow them to open but not view. To me this is ludricous as for 7 years we have no problem. I asked why there is a problem of the President but got no response. Surely this is simply crazy.
    We get on well with everyone in the community and just find this childish.
    Any thoughts?
    Thanks

    Peter

  7. #117
    Sue Parrish
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Hi, I live in and own a apartment in Mallorca. This is mainly residential, but some owners rent out to holidaymakers, which I know is a grey area. My immediate neighbour (Spanish owned), rents her apartment every year to young workers. This is usually for a six month period. We have had a terrible few years of this. No sleep, loud music and being sworn at. We are not unreasonable, but all we ask for is a nights sleep. We have been to the police, but that does not seem to help. I want to know if her renting out is legal, I do not think she pays any taxes. I dont want to get nasty, but after nearly six months of no sleep I am worn out. Where do I stand?

  8. #118
    Dawn
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Hello
    My husband has brought two locals, We have had the communtiy charges but they dont show IVA. now we can claim the IVA back so got in touch with the communtiy office and asked them to send us a facture with a break down of IVA exempt and non exempt and a facture Number, they have told us that they wont do one. Now I did explain that if we were paying communtiy for 20 years and some of it had IVA in and we couldn't claim it back, we would be lossing a lot of money. Can anyone help please.

  9. #119

    Default

    Hello Dawn,

    The community of owners cannot charge VAT on the community fees, unless they were renting out premises, and therefore making profit. Therefore they are correct in refusing to apply VAT on the bills you pay and issuing an invoice for it. You mention some community charges had VAT?? This is against Law, as a Community of Owners is not a money-making entity and is not obliged to charge VAT. The CO´s purpose is to maintain the communal elements and does not generate income.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  10. #120
    Doulton
    Guest

    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Hello can anyone help or advise..we have had a new president for the last 6 months it's been he'll ever since he lives in larger villas at the to of the street along with the vice presidents they have been changing everything in place from the previous tenant when t worked has caused upset in the community by disregarimg our emails in fact not even responding and labelling those who have as a group out to get them for the change this couldn't be further than the truth he has lied about things happening everyone he says is threading him all done he says by email to all to oust them out ...this community has worked like clock work for years and years prior they cut back on the gardening the pool pumps said we were lying when complained about the gardens being over grown the pool was dirty we called an EGM two monthis ago and were neck and neck on the a vote of no confidence so it was sent to the courts and was decided that until this was taken to court the administration would ru. Things till the courts decided the administrator has now resgned after years of so much done for us as the three involved were attacking her verbally she's had time of for stress then they called a EGM to get rid of the administrators and they were bombarded with false accusations and it resulted in them resigning and enough is enough they then declared they were back in as president and vice presidents and would be leting us know about quotes for new administrators is this legal they say...they have consulted lawyers and they were removed illegally so now administrators have resigned they are mow back in help please they have destroyed our beautiful community bombard residents who don't live here with emails to suit full of lies referring to us who dare question then as the group out to get them..

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