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Community of Owners

Local 16ALTHOUGH I have written about this in previous columns, I feel it is a good idea to clarify some points.

I am aware that many readers are still confused about some terms and legalities of the Community of Owners.

Any property in Spain in a building is included in the Horizontal Division Law, which means that all properties belonging to the same development have a percentage on common areas.

This refers to properties forming part of a communal Spanish real estate, divided between various owners (block or apartments, urbanisation) with common areas (gardens, stairs, pools).

The Assembly (or general meeting of neighbours) is the main authority. The second authority should be the Committee, normally comprising President, Vice-President and Secretary-Administrator.

The President represents the Community in legal matters and other issues in which it is involved.

If someone is buying a second-hand property in Spain, it is important to find out how the Comunidad de Propietarios is composed,

For instance, if there are problems (many debtors, bad maintenance) and if the seller is updated with the payment of his/her quota (instalment).

If you are buying a newly-built property, it would be in your interest to be part of the initial Committee, or be involved in the life of the new Community organisation.

One of the most important functions of the Community is to fix an annual budget to regulated costs and incomes.

That is why the Annual General Meeting (AGM) must take place once a year to approve (among other issues, such as appointment of Committee) the general budget.

All owners (up to date with their annual Community fees) have the right to vote in the Assembly.

The decisions are approved by a majority of owners (some specific cases need a special majority or a unanimous decision).

It is important to understand that the AGM also approves the amounts owed by various owners, and these debts can be claimed in Court. The Administrator normally certifies the amount outstanding and approved in the General Meeting).

There are also Extraordinary General Meetings (EGMs), at which  regulations are similar to the AGM, except  that they do not have to be called once a year.

Prior to the AGM or an EGM, every owner has to receive the Agenda (Orden del Día) with all the items to be discussed at the meeting.

It must also include the list of debtors, especially if one of the points of the Agenda states the authorisation of the President to take legal action against such debtors).

In addition to the Horizontal Division Law, the Community is regulated by the Statutes (Estatutos) Law and the Internal Rules (Normas de Régimen Interno). These are rules to be followed by all the residents, concerning, for example, use of the swimming pool and excess noise.

I hope I have clarified the situation, especially to those readers who wrote to the editor. Any other queries are, of course, welcomed. And you can contact me directly at marianozuninosiri@gmail.com

 

 

 

 

Short URL: http://www.canarianweekly.com/?p=25333

Posted by on Feb 27 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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