Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[John Staircome]

We live on a development with around 80 properties, it’s made up of individual villas, villa type houses with 2-3 apartments and around 10 townhouses, it was started around 30 years more or less. Our President lives in a house that has doubled in size years ago (measured online from cadastre) but it is still not updated in the town hall records, so his IBI will be underpaid for the size of his property.
There are other owners who have increased the size by between 70 - 200% but have had town hall approval, so their IBI is most probably correct (again seen on data from online cadastre). All these people are in a small minority group voting to keep the quota %s as they originally were before these reforms/rebuilds, (against the original statutes also). The original coeffecients were never approved and registered and the administrator claims that the coefficients have never changed since he has been administrator - this is a lie as 2 years after he took office in 2002, 2 small houses were demolished and rebuilt as one with over 550m2 constructed. These “official quotas” suddenly appeared on a sheet handed out with the call to AGM around 2008, and although the community bylaws were written in 1996 – nobody knew back then who was responsible for deciding on the quotas (they should have been calculated according to the statutes, which ALSO have never been registered). Although the administrator admits to receiving the coeffecients from the previous administrator whereby he says the coeffecients were approved in the statutes of 1996 – he states he holds no original approved record of these documents and now produces this list from the sky?
This small elite group is obviously vetoing the "100% unanimous vote" needed to change the quotas - which is now to the detriment of the smaller properties on the complex (around 70%). Can we take action against the President for knowingly keeping things to his own and friend’s advantage? Community fees have more than doubled since 2003 despite the utilities and other things being handed over to official departments or upgraded so as to be maintenance free, so there is almost nothing left to pay for as a community anyhow. This fact alone has thrown up a lot of question marks and alerted certain diligent owners to start asking pertinent questions as to where is all this money going??. From the budget we know that repairs are charged at double if not more, than it really costs and also I know of someone who injured themselves due to the fact there was no lighting on the way to their property and still is suffering six months after the fall.
Your input is greatly appreciated.

[JAMES NICHOLLS]

HI, I OWN AN APARTMENT IN A BLOCK OF TWELVE APARTMENTS, IN SPAIN.18MONTHS AGO I HAD INSTALLED, THREE AIR CONDITIONING UNITS BY A COMPANY. BUT WE HAVE NOW HAD A LETTER ,FROM THE ADMINISTRATOR OF THE COMMUNITY, STATING THAT THEY MUST BE REMOVED, AS THEY ARE SPOILING THE FACADE. BUT THEIR IS NOT ANYWHERE ELSE TO PUT THESE UNITS, AS WE HAVE NO OTHER WALL SPACE. AND WE WERE ADVISED BY THE COMPANY THAT INSTALLED THEM , UNDER SPANISH LAW & HEALTH & SAFETY,lTHAT BECAUSE OF MY ILL HEALTH WITH MY HEART CONDITION & BREATHING PROBLEMS, THAT I WOULD NOT HAVE A PROBLEM INSTALLING THEM. AND NOW THEY ARE SAYING IT WAS IN THE MINUTES OF APRIL 2010. WHICH WE HAVE NOT RECEIVED, AND SEVERAL OTHER PEOPLE HAVE NOT HAD THESE. HOPE THAT YOU CAN HELP THANK-YOU JAMES NICHOLLS

[Marta]

Dear Mr. Nicholls,

It is true that the community can forbid the installation of this equipment if the owners don’t agree with it. However this is something which needs to be carefully looked into. The impact they have on the façade, earlier assumptions and your important health condition which would imply the need of its installation, are all matters which will need to be considered. It is difficult at this point to advise you as it would imply studying your case individually. Therefore we recommend that this matter is taken care by a lawyer as if left unattended, the chances are that you will receive a lawsuit from the community. Being at this point a little late to best defend your interests.

Please feel free to e-mail us more information on your particular case. You will find my e-mail address on my profile

[Graham Johnson]

Hello There,I live in a CO that has the usual debtors and ever year our administrator says they are working on getting them acted against in court to pay up or have their property auctioned off. But at every AGM it is stated that the process is still being worked upon. I have seen on several web sites were this process can be carried out in 3 months. What I would like to know is there anyway that the Comunity can make the administrator do this job quicker besides getting another administrator.
Also I believe that debtors can be stopped from using shared facilities eg. Swimming pool,TV reception etc. is this true as the administrator said we can not stop them.
Any references to these rules would be helpful as we have our AGM next month.
Thank you in advance.

[Margaret Steel]

Can my husband who is disabled due to a Brain injury be forced to be the President of a complex?

[Ted]

Doulton reply: In response to your communication which incidentally I found difficult to read, I cannot believe there could be two such Communities with the same problems. In March 2012 a new President and Committee were voted in at our AGM. Prior to his appoint,met, the President appeared to be a quiet resident who cared for our Community. He has become a tyrant who harasses and intimidates the Community. He and his Committee are to be seen walking though the Community, each with clipboards, entering private properties without permission, giving orders to Residents and making our lives a total misery. I have been a homeowner/resident from off plan, some 12 Years and have never experienced this authoritarian regime during my lifetime. Yes they have verbally and physically attacked residents; have "sacked a vice president" (without consultation) because he did not agree with their oppressive regime; have blatantly lied; have bombarded our Admin with abuse and emails to the point where the Admin have now Resigned. The EGM 2012 where these 3 men were ousted from post awaiting a Court decision, have now illegally reinstated themselves; are Interviewing 3Administrators without calling an EGM allowing homeowners the right to ask questions and make decisions. It now appears they are trying to take control of our Community Funds - even though they are NOT recognised legally as the Management Committee. Yes these three men are destroying our lovely Community all because they wish to abolish the Horizonal Act as they are Villa owners and do not wish to pay more towards the Community on quota. These three men also returned to their home countries for 3-4 months this summer, leaving instructions that the gardens were not to be watered, the pools to be cleaned once a week, thus the pool was dangerous for swimming and the gardens began to die. In their absence they were over- ruled, an EGM called and Admin started Court proceedings. Our AGM is in March Heaven only knows what that will be like! I am sorry I don't have an answer or a way forward. I can only hope they are not allowed to be re instated or voted in again.

[Patricia]

Hello Margaret,

If the disability your husband suffers is as severe as to render impossible taking on his duties as President, he cannot be obliged to accept the role. You would only need to provide the Community of Owners with medical certificates proving the incapacity of your husband to take the President´s position, so he would obviously be exempt of his obligation.

Regards,

[Bleriot]

Hi Ted / Doulton,

Is is very obvious we live in the same Gulag. The 3 men, and 1 very nasty lady have made it their business, to try and make our life a misery. However if we get the bums on seats promised for the AGM we might make some changes. Their worst insult was to deny a democratic vote at their EGM as they knew we had the support of 35 owners, the same number as voted at the previous EGM. The have to be made to realise we don't want them or their management style.

Best regards,
Bleriot

[MarbellaOwner]

Hi. I own a house in Marbella that I have owned for 25 years. It is in a community of 26 town houses. In the original Statute it stated that the swimming pool would be painted every 2 years and the houses would be painted every 5 years. This was to ensure all the houses had a uniform appearance and in fact you weren't allowed to paint your house individually but in reality this is ignored by many house owners. My house was painted by the Community after the first 5 years but hasn't been painted since. I have brought this up at many AGM's but the response has always been that there isn't enough money, largely due to many people owing Community Fees. The result is that all the houses are different states of repair, some are good, those who chose to ignore the rule, and other's are quite bad with more damage occurring as the houses are no longer weatherproof. I would like to take the Community to task on this and would like to know what my position is legally. Thank you

[Patricia]

Hello MarbellaOwner,

You are in your full right to claim that the CO fulfills the obligation to paint the buildings. It is not only an aesthetics issue but also necessary maintenance and conservation duties that must be accomplished.

The usual procedure would imply the President including the proposal when calling for the Annual Meeting or even an EGM to discuss the matter. You can certainly claim in advance that the President includes that issue in the Minutes and if you are supported by other property owners the President will be obliged to include it.

The Owners must know, prior to the Meeting, the issues that will be discussed, and whoever has proposed the matter, together with the CO administrator, must obtain at least 3 quotations from different companies for the work completion, and these must be voted on and approved at the AGM or EGM.
Obviously, the financial capacity of the CO must be considered to foresee the expected costs and economic impact of the expenses, as well as the increase in the community fee, as there are certain limitations that cannot be exceeded.

If the President finally decided not to include the matter in the Minutes, or if the said mater was unjustifiably rejected by the property owners, you could challenge such refusal at the courts of Justice within the legal timeframe and meeting the legal requirements to do so. We recommend you to ask for legal aid from a solicitor as each case is different and the particulars and specific circumstance must be studied, so legal advice should be required before taking any action.

Regards,