Recoleta 04.jpgBy Mariano Zunino Siri

HERE is an extract from an email sent by one of our readers:

“I have been reading your article concerning Community Fees. I think people need to be told of the corrupt manner in which a lot of communities are being run, and the difficulties people have to change the procedure.

“I, along with a large number of other owners, have been fighting for over three years with our Community.

“Owners believe it is their right to see the accounts, but the Community don’t want to show them to you. And there is nothing you can do, apart from engage a lawyer and take the matter to court.

“That would be very expensive and does not guarantee you will be able to see them. Spanish Law allows Communities to produce accounts, which are not clear.

“For example, our Community’s bank account does not show that each apartment has paid every month.”


Sometimes is quite difficult to change matters in our Community, especially in cases in which a few people (an owner-appointed Committee), control the “life” of the complex.

To avoid this, the Spanish Law system has fixed a mixed-vote system by which agreements must be approved by the majority of the owners representing the majority of quota on the building.

The majorities change, depending on the cases (for example, the unanimity of owners is needed to modify statutes) although in most of the cases, the single majority is required.

In previous columns, I have referred to the possibility of challenging the agreements at a General Meeting.

It is formally required to challenge, to record your dissenting vote (salvar el voto); send certified letters to the Community’s Administrator, stating your concerns after the Meeting; take the Community to Court to object to the agreements (you need a lawyer and procurador) in order to obtain a judgement that nullify them (only a Court resolution can revoke them).

As I said in previous Canarian Weekly columns, the agreements can be objected: a) when such decisions are in breach of Law or Community Statutes;  b) when they are seriously detrimental to the interests of the community and benefit one or several owners;  c) when they are seriously detrimental to one owner, who has no legal obligation to stand such detriment, or when they have been adopted in abuse of power.

The deadline to start legal actions depends on the matter, but the most important one is the three-month deadline. Only owners  up-to-date with their community fees may object to community resolutions before Court.

Please note that the information provided in this article is used only for general information according to the author’s knowledge. It is not intended to substitute professional legal advice).

Mariano Zunino Siri is a lawyer of Tenerife Bar Association since 1991. Contact him at

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Posted by on Jul 17 2015. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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