Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

Sue Parrish · 04-24-2013, 04:36 PM

I own/live in a residential apartment in Mallorca.
My neighbour rents out every year to long term workers. We are woken up every night, by doors slamming etc. I have been to the owner, police and administrator, but to no avail. It has started up again,being woken at five every morning. Can you tell me is it legal to rent out in a residential block?

betty · 04-30-2013, 02:10 PM

our urbanisation has over 100 properties divided by gated roads which all have the same access locks.Our road has 18 houses in it & we have had a robbery,a case of vandalism overnight & also drunks accessing our road from local bars & leaving our gates open.We want to have the locks changed on our access gate so that only the people in our road have the access plus the president & meter reader.Our president says we are not allowed to do this but we feel very vulnerable as the majority of us are senior citizens.Can you advise please?

**Patricia** · 05-08-2013, 10:58 AM

Hello Betty,

Your right to change the access locks should not be limited within your Community and especially if such decision is based on those strong grounds. The President must not stop you from putting those Locks.

I recommend you to expressly include the matter in the Minutes of the next AGM or EGM, with the aim to get to an agreement. In case the Community did not approve it, and depending on the case, the matter can be taken to the courts due to the unjustified position of the Community.

Regards,

J.C. · 05-01-2013, 05:16 PM

I have the exact same issue to Graham Johnson, I copy his comments posted previously (I hope he doesn't mind)
I hope this can get answered, Thanks for a great site.

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.

Stephanie carrington · 06-21-2013, 03:31 PM

Hi I own an apartment in a block in Mallorca.
We have patio doors facing the sea & 3 windows on the side ( we are a corner unit ). My issue is the windows round the side would be great if they were 2 feet lower to make the most of the amazing view whilst sitting. They are not on view to the front facade.
Could the president or other residence stop us making that small change.
Thank you.

**Patricia** · 06-25-2013, 11:07 AM

Hello Stephanie,

Yes, they could certainly stop you.

You need to get the authorization of the Community of Owners to do such modification in the Windows, as the appearance of the building will be affected. Also, a license from the Town hall will be required as they are external windows.

Regards,

**patoc** · 06-27-2013, 01:31 PM

Originally Posted by Patricia

Hello Stephanie,

Yes, they could certainly stop you.

You need to get the authorization of the Community of Owners to do such modification in the Windows, as the appearance of the building will be affected. Also, a license from the Town hall will be required as they are external windows.

Regards,

Patricia

You say that Stephanie "needs to get the authorization of the Community of owners to do such modifications" . This authorization would be obtained at an AGM I assume - with such minor works would a majority vote be sufficient ?

Regards Patrick

**Patricia** · 06-28-2013, 02:24 PM

Hello Patrick,

The matter must be discussed in an AGM or EGM, to be voted upon and dealt with.

The Law establishes that the unanimity of votes will be required to validate those agreements implying the approval or modification of the rules contained in the horizontal property title as well as in the statutes of the community.

In this case, the alteration in the modification of the windows will entail a change in the appearance of the building and most probably a possible modification in the horizontal property title; therefore, the unanimity of the owners attending the meeting discussing that, ad other issues, will be mandatory.

Regards,

**patoc** · 07-09-2013, 11:27 AM

Stephanie,

Many thanks for the response. I have one further query ; you say that "The Law establishes that the unanimity of votes will be required to validate those agreements implying the approval or modification of the rules contained in the horizontal property title as well as in the statutes of the community."

In my own Community we do not have any specific Community Statutes. We chose instead to incorporate everything, including the rules for modifications / development, in our Internal Rules. As such we assumed that most minor developments, including changes in appearance, would be covered at an AGM/EGM but would be settled by a majority vote, whereas only major developments would need unanimity as covered by Section 12 of the Horizontal Property Act.

Bearing in mind what you said I looked at my own Title Deeds. Am I right in thinking that if I changed the square metres of my property from what is stated in the deeds, or if the cuotas needed to be changed for any reason it would need a unanimous vote ? I cannot find any other rules or anything else relevant so if are other minor developments OK ?

Many thanks
Patrick

Unregistered · 05-17-2016, 04:54 PM

Originally Posted by patoc

Stephanie,

Many thanks for the response. I have one further query ; you say that "The Law establishes that the unanimity of votes will be required to validate those agreements implying the approval or modification of the rules contained in the horizontal property title as well as in the statutes of the community."

In my own Community we do not have any specific Community Statutes. We chose instead to incorporate everything, including the rules for modifications / development, in our Internal Rules. As such we assumed that most minor developments, including changes in appearance, would be covered at an AGM/EGM but would be settled by a majority vote, whereas only major developments would need unanimity as covered by Section 12 of the Horizontal Property Act.

Bearing in mind what you said I looked at my own Title Deeds. Am I right in thinking that if I changed the square metres of my property from what is stated in the deeds, or if the cuotas needed to be changed for any reason it would need a unanimous vote ? I cannot find any other rules or anything else relevant so if are other minor developments OK ?

Many thanks
Patrick

HI, I am in the same boat as you are. My understanding is that the community rules take president over the Horizontal law. Therefore a simple majority vote at the AGM (as well as the town hall planning permission) and bingo my roof terrace is legal. in the community rules established in 2016 it mentions that that all previous alterations will be tolerated, so I am assuming as long as you got your windows tiling roof terraces swimming pools etc. prior to the rules being established in 2016 you are fine from a legal pint of view?