Community Accounts

We have just bought an apartment at Casares Golf and Gardens, and have now found out that very few people who are permanent residents have been able to get copies of accounts, minutes of meetings etc. It would appear that meetings are held away in Madrid where the President resides. There appear to be quite a few issues which need resolving and we now hope that as there are more people moving in we might be able to get things sorted. Question is, how can we get hold of details of the accounts etc when the president won't communicate with people?

Any legal advice would be gratefully received.

Many thanks

Alison

Grittomum,  you may find this useful:-  

www.spanishpropertyinsight.com/legal/the-comunidad-de-propietarios-ley-de-propiedad-horizontal-commonhold-law/

Hi, I have looked at the link you posted and according to our administrator it is out of date,eg a new owner is now liable for the debts of the old owner for the previous 4 years and not the past year and the year we are now in, also that the voting rules have changed, apart from changing the quotas wich remains by uninimity that the rules now state that most things now have to be voted for by 3/5 of the whole community, not just those at the meeting or those represented. Do you know if this is correct and can we change this rule by voting by uninimity to 3/5 of those at the meeting or represented. Your comments would be appreciated.

The changes you are mentioning were passed by the Spanish Parliament last September.  A new purchaser is now liable for four years of unpaid community fees and the voting rules have now changed unanimity down to 3/5 to avoid the problem of a single (or very few) owner blocking agreements wanted and approved by a large part of the owners.

It would be appropriate for your community to change any by-laws to conform to the new law but even if they don't, the new law would be applicable.

Many administrators are willing to show the accounts (and supporting invoices) to any owner at any time but legally they are only obliged to do so at the AGM's or EGM's.  On the other hand, minutes of meetings must be sent to owners within 10 days of their being signed by the Secretary and the President.  It is not entirely unusual for the Secretary and President to take a a few weeks  to sign the Minutes and, if this is the case, they cannot be sent to the owners, until they are signed.

Accounts of the Community of Owners are actually that, of the Community, belongs to the community. Administrator, President, Secretary just have faculties for these to be produced, administrated and kept to be of your use.

If you want to access invoices or accounts documentation you need to approach the Administrator. 

If you need data and documents in regards to matters discussed in metings, documents on change of statutes or any extra-fee being approved, you need to ask the Secretary, who can be same or different person as Admnistrator. 

According to provision 20 of the Horizontal Property Act, administrator has the legal and professional duty of making all Accounts Documents of the community available to you.

Ask for them in written so you can keep proof of this request.

All minutes of every meeting of Comunity of Owners muct be kept safe by Adminiostrator for a period of 5 years, after which, they can be destroyed.