Community: BANK ACCOUNT
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Can anyone enlighten me on the following,
We are a community of 18 apartments, all apartments are owned by non residents, the bank account (CAM BANK) has until recently been adninistered by a resident in Spain but not an owner.
My question is, the bank have told the community that they cannot give the President or any other non resident owner permission to administer the account , draw any monies or even request an account statement even when the President is named on the account as second cheque signatory.
To run the community account do you have to be a resident in Spain ?
Sanoliver
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Hello. Your Bank is talking utter rubbish. I am the President of my community in Orihuela costa. We have over 80 property's. I live in the UK. You have to have a minimum of 2 names on the community account. Cheques must be signed by at least 2 of the registered names. Under the Law of Horizontal property ownership the President is the person responsible under the Law. You should have an AGM once a year to discuss and plan the spend of your community with the owners. You should have at the very least have a consitution which states rules and regulations of your community. This must be agreed and voted on by the owners. You can also enlist a profesonial administrator, but that does cost money and if you are only a small community this might be too expensive for you. It is not required under the law to have a profesional administrator. The President can act as both, but you might want to enlist another owner to do this and work together, but always remember the President is responsiable, I can't emphasise that enough... I would suggest you obtain a book called YOU and the Law in Spain by David Searle, a really useful book. If your Bank won't be helpful, hold an Extrodinary AGM and get permission to open a new Bank account with another Bank. Have all your fees paid into the new account and use the Cam bank to pay your direct debits for Water and electricity until you can either transfer the funds in the Cam bank to your new account or until its empty. Your AGM must be minuted and recorded in a special book which should be signed and stamped at the notary's office. This is a legal requirement. Who opened your community account in the first place? Hope this helps. I will keep an eye out for you reply. Pasha
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Thanks Pasha 01, we have our AGM on 28/02/11 so thanks for the information.
Everything you refer to is in hand but we were unsure or ill advised ref the bank account.
We shall proceed as your guidelines with the bank.
Sanoliver
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Hi Just remember it's your money( the community's) so don't put up with poor service from your bank or get shot of them. It will be their loss. All the best. Pasha.
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Question by Sanoliver: To run the community account do you have to be a resident in Spain ?
To be elected as member of the Commitee and be able to operate the Community accounts there is no legal need of being a resident, just ownership is enough.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you once again Maria, invaluable support to site users as always.
Sanoliver
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