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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 361. Owners in control of communities
Thursday, October 7, 2010 @ 12:14 PM

A today´s post:


Hugh:

I fully agree with you. As in other many associations/communities, participation needs to be encouraged. Good communication systems are needed and I cannot think of anything different to online communication systems for communities of owners these days.  In my opinion, the Horizontal Property Act itself needs to be reviewed and ammended somehow regarding valid ways of communications in Communities of owners.

It is very important to note here, two specific provisions of the Horizontal Property Act related to this particular point: room for decissions and proposals of individual owners.

Provision 16.1 :

 

 The meeting of the general assembly shall be held at least once a year to approve the budget and the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas.

Provision 17.2 second paragraph:

"Any unit owner may request the meeting to examine and resolve on any matter whatsoever concerning the community. For this purpose, a letter should be sent to the president setting out clearly the items requested to be dealt with. The president shall include them in the agenda of the following meeting to be held".  

Sunset silhouette by Lady Haddon at Flickr.com



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2 Comments


Hugh said:
Friday, October 8, 2010 @ 10:46 AM

Maria

Thanks for your comments, I am still however trying to establish how a President could be overruled in the very short term without having to await an AGM. See below................

As a final point on my original query, the Administrator advised both VPs that we should give the President 5 days to change his stance then legally we could overrule him.

An opinion given by her lawyer brother, needless to say I was neither impressed with the advice or followed it. But I like to think our persuasion made him see sense eventually.

One has to ask, why if this were true did the Entidad President go to the trouble of sending out letters to 200+ owners suggesting they would be regarded as Entidad debtors if a simpler solution could be found



Not good when there is a clash of personalities on an Entidad board elected to work on behalf of all owners


Maria said:
Friday, October 8, 2010 @ 12:37 PM

would you mind emailing us to:
web@costaluzlawyers.es? I still do not understand what your specific problem is.
Best wishes,
Maria


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