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More on communities and presidents....help needed.

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  • More on communities and presidents....help needed.

    I have noticed a few entries recently concerning urbanization rules and presidents of urbanizations.
    If anyone is able to please provide the best way forward concerning apparent infringements of Spanish Law (Horizontal Property Act) then I would be very grateful.

    The urbanization on which I live comprises 6 manzanas each of which has an elected president to represent their own Manzana on the urbanization board of management. The board of management is completed by a president of the communal areas.

    Certain members of the current board of management could be described as autocratic and appear to have breached Horizontal Law in a number of regards. Specifically
    1. The accounts and budget. It is only the board of management who has received copies and it is only the board of management AGM that have approved both the accounts and the budget.
    2. The appointment of the president of the common areas was made at the AGM of the presidents, by the presidents themselves and they voted in one the Manzana presidents.
    3. The election of the administrator was made by, at worse on the authority of just the communal areas president, and at best by agreement amongst members of the board of management.
    4. The main community buildings insurance company was changed without reference to the owners.

    Horizontal Law does appear quite clear it is the AGM of property owners who should be making such decisions and the presidents should vote in accordance with the wishes of the majority of their own Manzana owners.

    There are many other things which have occurred, and indeed are still occurring on which the presidents do not have the authority of the majority of property owners but when all this is raised with them all they do is laugh and dismiss our approaches. They have declined our requirement for them to call an AGM.
    Is anyone able to provide ideas as to the best way forward to resolve these problems?
    Thanks

  • #2
    Talk to a Spanish lawyer!

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    • #3
      If you have enough householders in agreement you could call an EGM and sack them. If, like our President, they hold a lot of proxies, you could have big problems.

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      • #4
        Find out if your 6 "manzanas" are registered as separate "Comunidades de Propietarios" or whether they are one community. If it is only one, and that is most likely, you CAN'T have six presidents regardless if this has been "decided" at a meeting.
        For this to happen you would need to reform the community and have some major changes in the statutes and this could only be done with unanimous approval of all owners.

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        • #5
          Brian,

          If you write to the letters section of "My Home - My Castle" in the Coastal press magazine you may get the answers you require.

          My Home My Castle
          The Coastal Press
          c/o Bargain Books S.L
          C/ Ramon Gallud 12
          03180 Torrevieja

          Alternatively, e-mail them at: enquiries@thecoastalpress.com

          Adey

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