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

  1. #141
    Junior Member
    Join Date
    Mar 2010
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    21

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    Quote Originally Posted by Patricia View Post
    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

  2. #142

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

  3. #143
    Plain Jane
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Hello, I'm new to your forum and as JC asks, can debtors be stopped from using shared facilities eg. Swimming pool, TV reception etc? We have always been told that this is not the case, but have just found out that a new ruling would allow us to ban him. Is this the case? This is a member of our community who blatantly uses our pool even though he has never paid a cent into the funds for the last few years - we have a court action in process for debts - but we have no right to take the pool-key from him. Thanks for your help.

  4. #144
    Junior Member
    Join Date
    Mar 2010
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    21

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    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

  5. #145
    Unregistered
    Guest

    Default Joint contracts between communities

    I am president of a small community of 9 apartments whoo share a garden and pool with another community of the same size
    The other community wants to change our garden and pool maintenance company. The alternative company will provide an adequate but not as comprehensive service but for about 30% less cost. They have a n 8/9 majority in favour. Our community are 6/9 against the proposal. My response to the presindent of our sister community is that we don;t have a majority in favour of change and therefore shoudl not change. She has taken advice and believes that as we share a pool and garden contract, for this contract we are a SUPRACOMMUNITY and therfore a decistion to change contracts can be made if there is a simple 50% majority across all 18 owners. This is a BIG issue for our community as our administration ( who also provide the existing garden and pool maintenance ) have refused to provide us with an Administration only contract and we really don;t want to move away from them.

    Can our sister community force through a change of garden and pool maintenance contract .

    We need to make a decision within the next 4 weeks as the contract is due for renewal at year end

  6. #146
    Unregistered
    Guest

    Default Pool access to non payers

    Can debtors be stopped from using shared facilities eg. Swimming pool, TV reception etc? We have always been told that this is not the case, but have just found out that a new ruling would allow us to ban him. Is this the case? This is a member of our community who blatantly uses our pool even though he has never paid a cent into the funds for the last few years - we have a court action in process for debts - but we have no right to take the pool-key from him. Thanks for your help.

  7. #147

    Default

    Hello,


    There has not been any new regulation in that respect. However, there is the possibility - based on recent court rulings- that the Community Statutes establishes a clause agreed unanimously, that bans community debtors from using swimming pools, tennis courts and communal areas only ( as they are not necessary services a community has to offer ).

    Nevertheless, you need to be aware there is not any specific regulation or By-Law in this respect.

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

  8. #148
    Junior Member
    Join Date
    Aug 2015
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    Hi I live on a small community of houses with a no through access road running between . "Supposedly" this road is just for accessing our own properties and driveways and not for parking (you can fit 2 cars down at a very tight squeeze) each drive faces the opposite house and if anyone parks outside it makes it practically impossible to put a car on your own drive. The community is currently in the process of obtaining vado permanentes for the bottom of the street to show it is a no parking zone, but in the meantime there are residents who constantly block a neighbours driveway meaning they cannot put their car on their own drive and have difficulty even opening their own gates. They have been told by the community president to either park on the drive or the street at the bottom which has ample quiet parking, but were told that it was too far to park and that their own car was too big to fit on their own drive, thus inconveniencing others for their own selfish sakes. My main question really, after all this background is can the police legally and correctly be called to deal with this, or is this wasting valuable police time and resources for a couple of ignorant individuals.? (hopefully the vado´s arrive sooner rather than later) Regards
    Shelley

  9. #149
    Junior Member
    Join Date
    Oct 2015
    Posts
    1

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    Good Afternoon.
    I live in a urbanization with 6 blocks. I live on the highest block in an atico. At our last community meeting i asked if i could install a chimenea. I have all the correct paper work from the local council. However one women objected, and she lives no where near me and also on a ground floor piso. so my request was denied because of one women, is there anything i can do? Regards Dan

  10. #150
    Junior Member
    Join Date
    Jan 2016
    Posts
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    Our Administrator has told us that if we don't pay next year's community fee prior to the meeting, then we can only discuss items and not vote on them. Surely this can't be correct as next year's fee hasn't even been voted in. I'd appreciate any comments.

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