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

  1. #61
    Senior Member
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    Oct 2008
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    Marbella
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    Dear Kevin

    I'll quote my article which explains how votes are tallied at Owners' Assemblies (AGM's and EGM'S):


    Commonhold Quota

    On drawing up the Master Deed before a Notary, every property within the community is assigned a quota or percentage thereof. This quota is composed both of privative and communal elements which are assigned to each property. Store rooms and garages are included as well for this purpose.

    This quota is important mainly for two reasons:

    1. Because the expenses of the community will be allocated in proportion to your quota. So the larger the quota, the more you will have to pay.

    2. Secondly, on voting at Owners’ Assemblies, the quotas need to be tallied for majority vote purposes. So, each owner does not equate to one vote. There may be a single owner, such as a developer, holding a significant communal quota which translates into great voting power. The resolutions reached bind all units within, regardless of whether they cast an opposing vote as majority rules apply (read below).
    Sincerely
    Raymundo Larraín Nesbitt

  2. #62
    kevin511
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Thank you Raymundo,.
    Based on this system, the owners will never win a vote, as the developer will always ensure that they block anything that they do not agree with. e.g. Our communial pool was repaired by the developer in november 2009, after arguing for 4 years for them to agree to the repair. The estate is 6 years old. We have asked the developer to have the repairs carried out again, it went wrong 2 weeks after the repair. They have blocked the vote and refused to repair it. Do we have any chance.. Many Thanks Kevin

  3. #63
    Senior Member
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    Hi Kevin

    You are welcome.

    You can always change the voting system amending the Master deed, but that requires unanimity. So it's a catch-22 as the developer will most likely not cave in and turn down a proposal that would affect him negatively reducing his power base.

    Regarding the pool problem, the whole Community would have to pay it in proportion to the share quota held on the complex by each owner.

  4. #64
    kevin511
    Guest

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

    Hello again. Can you please tell me how high a wall has to be around a communial pool. Many thanks Kevin

  5. #65
    maurice webb
    Guest

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

    Another problem. I have been told that once the minutes of our AGM have been published, I have 30 days to query any points recorded in them. Is this the law in Spain? I was in the UK when the minutes were finally sent out and I did not recieve them within the 30 days. The minutes are totally wrong. Do I have any recourse? Thanks

  6. #66
    david ash
    Guest

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

    can you help, i live on an urbanisation and recently attended our AGM which a vote was carried by 36 to 32 for astro turf to be installed in our pool area, since then a resident has gone to the administrators to object to this approval and has been told on reflection the vote was counted wrong, can you tell me should this vote stand or if it is allowed to be altered can we appeal or force an EGM for a revote

  7. #67
    STEVEN KEOGH
    Guest

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

    I am president of a community. A long term renter has a large dog that keeps on escaping into the garden area and leaves excrement on the grass area. She has had a written warning about this but does not care. Can we do something about this, particularly as we have banned renters from having dogs on the community. This was passed at a community meeting 2 tears ago.

  8. #68
    Unregistered
    Guest

    Default Letting

    Purchased apartment in Tenerife from resale of part of ex time share complex the other part is still in operation it purchased for letting in 2006 It was marketed for rental and said it would be ok as it was old timeshare and had a licence the company that sold the complex even put us in touch with a letting agency that was going to let out for us on the complex We signed up with him and but 18 months later he closed his business and we had to let out ourselves. This we did not want to do but had no other alternative. We have declared all profit for tax purposes in Spain and UK but we have now been informed that we are illegal over 60% of the complex rents out their apartment not sure how many declare but that not my problem. There is a purge going on at present in Tenerife and worried but have tried to do everything by the letter of the law. I use Accountant in Tenerife and have a meeting next week. The complex is appox 20years old and part is still operating as time share. Its still classed as a complex as we do not pay individualy for our water or electricity they are calculated buy our commity and charged accordingly. Any comments would help.

  9. #69
    Paul
    Guest

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

    I understand that Spanish Tourist laws prohibit the renting of properties on a complex that is not licensed by the Tourist board for letting. However, some publications claim that it is legal to rent properties to family and friends in Lanzarote. Is this correct?

  10. #70
    J Colbran
    Guest

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

    We have recently had a report done by one of the members of our community to look at disabled facilities. The community has a number of swimming pools but none have a hoist for disabled access and some of the footpaths to some of the pools are not suitable for wheelchair access. However the pools are not open to the public, just owners and their visitors or tenants if rented. Can you confirm what liability we have as a community to legally provide access under the disabled disability act and the law in Murcia Spain?
    Secondly our roads have been adopted by the Local Council but our statutes say we are responsible for maintenance! The report noted that footpaths do not have an area recognisable underfoot (tack tile surface) for the visual impaired and falls short of the DDA requirement. Would this not be a responsibility of the Local Authority now they have adopted the roads?

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