2010-12-01-What Are The Laws + Rules In My Community

                                                                                                                        2010-12-01

WHAT ARE THE LAWS AND RULES IN MY COMMUNITY?

Q. I would like to know which laws determine the rules within a community of proprietors in Spain or if they are made by the community itself. If so, how and who decides what they are?

A. All communities in Spain have to comply with the Commonhold Act 49/60 (aka Ley de Propiedad Horizontal or Horizontal Property Act) and by the Spanish Civil Code (arts 396 et seq).

In addition to the above general laws, the day-to-day running of each community is determined by the Communities' Bylaws (Statutes) which are drafted at the time of lodging the Master Deed (Escritura de Division Horizontal or Horizontal Deed).

Many communities have approved their own Community Rules (in Spanish, Normas de Regimen Interno), by a simple majority vote.

They allow for great flexibility and will rule, for example, on communal services such as garbage collection or, the use of communal facilities such as the garden and the swimming pool.

Q. In the community where I live, only in the last eight months have proxy votes been asked for, and accepted, leading to five - six people dictating the running of the community.  Are these votes legal?

A. Proxy votes are legal, but have to be written and signed by the owner. As per art 15 of Spain's Commonhold Act proxy vote authorisations must be signed in a document: it must be a proper written signed authorisation.

The law is perfectly clear: Unit owners may attend meetings of the general assembly in person or by legal or voluntary representation, for which a written proxy signed by the unit owner is sufficient accreditation.

Q. As I was concerned with the expenditure of the community where I live. I wrote to the President and asked "who works out the expenditure and budget; were records kept of any meetings/' I haven't received a reply, can you explain to me how this works?

A. The meeting of the general assembly (AGM) should take place at least once a year to approve the budget, and in any other time the president sees fit. The minutes have to be sent to all owners.

Q. In my opinion, monies in the community where I live have been spent extravagantly. What can I do to limit this amount of expenditure?

A. You should know that the resolutions of the general assembly may be challenged in court only by the owners who expressed and recorded a dissenting vote at the meeting; those who were absent for any reason and those who were illegally deprived of their right to vote shall not be entitled to challenge these resolutions.

Owners must have satisfied all community fees due or, alternatively, must have consigned them in court before proceeding.

The action shall prescribe three months after the adoption of the resolution by the general assembly or one year in the case of resolutions contrary to the law or the community statutes.

Keep paying all community fees in order to always retain the possibility to challenge questionable agreements.

Q. How can I get any answers from my community president when the letters I have sent to him have received no reply?

A. I would advise you send a serious registered letter "burofax", expressing and demanding all the information and minutes to the president and the administrator. They have to give all the information and minutes.