Community or conflict?
ARE YOU a member of a community of owners? I'd not heard the term before or really thought much about these urbanisations other than to gaze enviously at their pools. My closest contact has been avoiding a short cue of cars waiting for an electronic gate to open.So what are they and who does keep these community facilities well-oiled, watered and cleaned? Marina Lorente, lawyer at Abaco Asesores helped me find out more about how they function and what happens when they don't.
NOTHING LEFT TO CHANCE
The community is far from an informal arrangement between a few property owners; it is a legal entity ruled by statutes that requires the appointment of a President. The community exists by law in all those developments that share facilities. So when the lift needs fixing, the swimming pool needs cleaning, or there are nuisance neighbours, there is a system and agreed procedures for dealing with it.
The President is the legal representative of the Community, appointed from amongst the owners. He or she is responsible for calling and chairing meetings, finding solutions to problems, signing contracts and handling complaints. It's no easy task, but it is compulsory to have one. The role holds significant responsibility and once appointed Presidents cannot resign, although a vice president can temporarily take over. In most cases an administrator is also appointed. They handle expenses and budgets, organise payments and collections and oversee maintenance, services and installations. Where a professional is paid to do the job they might also carry out the President's tasks.
The community can be a firm foundation enabling consistency, continuity and happy communal living for years. But it comes at a cost: Firstly the financial one: the community has to approve a budget to run and cover the community costs. Usually the fees for each owner are decided by taking into account the size/ location/ aspect of each property. Then there are the regulations: communities have rules and sometimes lots of them. No need for ASBOs if your community has already established what is and is not allowed. However, if you are a DIY genius with a penchant for making your closet into a castle you might find this a little restrictive.
PLAYING BY THE RULES
Not everyone plays by the rules. Collecting lottery money from a few co-workers can be problematic so how do you go about collecting contributions when owners live across the World? Marina explains that owners who have debts can be barred from voting at the meetings but cannot be barred from attending. In extreme circumstances a lawsuit can be brought against a member through a judicial claim. But what if the debtor disappears back to the UK? One of the features of these crisis times is that whilst most people are struggling financially, some are having a bonanza. Pawn brokers, debt collectors and gold traders are reaping trie rewards of desperation. There are now companies promising to chase debtors in the UK. Anyone interested in enlisting their help should check that the community can claim against an owner in the UK, particularly when it relates to seizing property. These are worst case scenarios. But everyone needs to be cautious in these times. For example, what happens if there are only a few purchasers on a new urbanisation? The evidence is on view - rows of empty buildings with shutters down and just the odd car to indicate habitation. How does the community of owners exist when there are no owners? In these cases it is the builder who is liable to pay the fees of unsold properties. You want to feel assured that they are in a position to do this. Like all arrangements where people are required to work together, there will occasionally be a tug of war in opposite directions. However, overall a community of owners recommends itself as an efficient way of ensuring that jobs are done, gardens look pretty and the gate only opens to those it should. For more queries about the community of owners and other issues relating to owning property in Spain, contact the AbacoConnect Help-line 966 703 748 on www.abacoconnect.com
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