Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[patoc]

Raymundo

Thanks again for your quick response.

Why was this not noticed before ? I think because we concentrated on what actual money was being spent and assumed (wrongly) that the Administrator could be trusted to allocate the fees correctly. Most owners are from the UK and the cuota system is unfamiliar therefore. It was only when a neighbour and myself looked into it more deeply, having read articles like yours, that we came across this error.

The same President and Administrators have been in place for some 5 years now and this has not helped either. I am not sure that it was deliberate or just sheer incompetence but what I now know is that the many Apartment owners are subsiding the few Villa owners illegally and unjustly.

You say " "you are going to face heavy opposition from the rest of the owners (namely those who own a villa, larger commonhold quota) to have the system amended as per the Master deed?

I apolgise for being a little slow but I still do not undertand this. Regardless of when (or why) it was done, the system in place is illegal - an illegal change to the Master Deed has been made, and all I wish to see is the illegal change stopped and the correct amounts calculated as per the registered cuotas/master deed. Why can I not propose this illegal change offficially and, when the vote is not unanimous, get it voted off ?

Regards
Patrick O'Connell

[Lawbird Lawyer]

You're welcome Mr O'Connell.

I think you understand very well the gist of my reply.

Regardless if the Master deed enshrines it you are going to face huge opposition from the villa owners and those with large quota share as they hold a vested interest in keeping the statu quo and not having the current system amended as its detrimental for them

My view is that you are not going to sort it out amicably on your next AGM as you foresee and you will end up leading a protracted fight over the issue in a Spanish court. Again I repeat, I don't think it was a mistake because of incompetence, or maybe I'm just being oversuspicious.

Best regards,
Raymundo LarraÃ*n Nesbitt

[david]

Hi Raymundo. From the previous threads it's obviously AGM time in Mallorca. Our president would like to change the election of the president to every three years instead of at each AGM. He is proposing to put that to a vote. Can it be subjected to a vote or is it the law that the presidential election is an annual event? Many thanks, David.

[Lawbird Lawyer]

Hi David,

As you well write it cannot be done.

AGM's have to be held once a year statutorily as per Spain's Horizontal Property Law (Commonhold Act) pursuant to section 16:

Section 16

1. The meeting of the general assembly shall be held at least once a year to approve the budget and the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas.

Regards,
Raymundo LarraÃ*n Nesbitt

[Unregistered]

Hi again Raymundo.

But can an AGM vote to have elections for president every 3 years?

All the best

David

[Lawbird Lawyer]

Apologies David, I had misunderstood your query.

That's up to the owners to decide if they want to vote a president once a year or every 10 years for example.

Section 13 of Spain's Commonhold Act rules:

ArtÃ*culo 13.

1. Los órganos de gobierno de la comunidad son los siguientes:

...

7. Salvo que los estatutos de la comunidad dispongan lo contrario, el nombramiento de los órganos de gobierno se hará por el plazo de un año.

What the above means is that by default communities should vote annually on the elected roles of president, vice-president etc.

However, if the Community Statutes state that these elections ought to be held for example every three years, then it is legal.

Owners have freedom to amend these elections that by default the HPL rules should be held on an annual basis.

Yours sincerely,
Raymundo LarraÃ*n Nesbitt

[John]

I live in a fairly large, residential complex in Tenerife. Our Committee is correctly formed and they are very good at having maintenance work carried out and accounts published, etc. However, there is a problem with barking dogs left on balconies while their owners go out. The Committee seem unwilling to tackle this problem, despite a number of complaints.
The worst problems are caused by animals owned by people renting properties. Is it possible to change the Community Rules to stipulate that owners renting out their property must ban all animals? Is it possible that these owners are renting out their properties illegally if they are not licensed to do so by the local ayuntimiento?
Do you have any recommendations as to how we can successfully tackle the problems with barking dogs and yowling cats?

[Lawbird Lawyer]

Do you have any recommendations as to how we can successfully tackle the problems with barking dogs and yowling cats?

Yes, how about a moonshade? J/K

Jokes aside, yes you can include this in the Communitie's Bylaws.

As I write in the conclusion to my article on Communities of Owners in Spain:

Conclusion

The bottom line is that Community Statutes or Bylaws are the ones that really rule each community and are unique. No community has the same statutes as another.

It is always highly advisable that, prior to purchasing property on a development, you always request a copy of the Community Statutes, known in Spanish as Estatutos de la Comunidad de Propietarios, as well as the Community Rules, if existent. You may avoid unpleasant surprises, such as communities that ban domestic animals or even piano players!

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[John]

Raymundo,
Many thanks for your confidence-building advice. After following your website for a while, I was aleady fairly sure of the path I needed to take so now I'll get on with prodding the Committe into action. Thanks again. John

[maurice webb]

I live in a community with 12 villas and 14 appartments. The villas and ground floor apartments have their own private gardens, fenced off from the 'community' gardens. I do not have a garden but am expected to pay my quota towards the cost of the maintenence of these gardens. Is it correct that I should pay this?