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25 Mar 2008 12:00 AM by shaggi Star rating. 38 posts Send private message

My friend lives in an apartment complex of 10 blocks that have a community committe and i just wondered if there were guidelines or in fact laws to follow in relation to running the community.

For example they have held 3 meetings and only the last one had minutes and then they needed to be corrected.

The president (Who likes to put up posters with his name and photo and title of El Presidente! Yes he is a brit i´m ashamed to say!) has employed a garden company to maintain the common garden areas and pool. No one was informed of this and no one knows how much is being spent either.

No budgets or itemised spending are available to view either. Maybe i´m being naive but i thought you had to have a number of quotes and then the committe or residents voted on the options presented by the president.

My friend rents the apartment and the president has told her that as such it is nothing to do with her and that he can have her thrown off the development if he does not like her attitude or behavior.

She has just taken in a stray dog and been told by him that if it barks he will have the local police come and shoot it. Aprox a third of the other residents have dogs but none of them has had this said to them.

Finally and the reason for the thread last night she got home to find a notice glued to her front door from the president (Which incidentally has damaged the door) telling her that he had received a complaint about the dog barking through the night and that he was going to take immediate action against her.The dog did in fact bark at 2.30am when someone walked past the apartment but that was it. The person walking past was one of 20 illegal imigrants now renting property on the development.When challenged about this he again stressed that it was nothing to do with her.

Hope you can guide me in the right direction.



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25 Mar 2008 1:19 PM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

Hi Shaggi

There's a well populated thread under 'owning a property'. Should tell you everything you need to know.

Good luck

Irene





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25 Mar 2008 4:00 PM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

deniseatnycs´s avatar

Hi Shaggi

Hopefully,  the situation you describe will have calmed down by now.  Firstly could I say (please correct me anyone out there if I am wrong) but the police in Spain, as bad as they are painted by some, would never come out and shoot a domestic pet for barking whoever asked them to!

As President of an urbanisation of over 100 dwellings on the Costa Blanca I do have a little (learning everyday I am pleased to say) knowledge of how to run a Community the law about this is covered in the Horizontal Land Law (H.L. L.) which  you can access by typing it in on the search facility or looking under Running a Community on this excellent site.

Only main meetings such as an Annual General Meeting (A.G.M.) or an Emergency General Meeting (E.G.M.) both needing a calling to attend, an agenda and the taking of minutes need to be reported in the form of minutes.  Saying that however, any meetings of the Committee on our Urbanisation has the agenda and minutes displayed on the notice board on our website, but this is a matter of courtesy to our owners and not required under the law.

As for contracts usually, and I say usually,  as again I do not think this is covered under the H. L. L. (again I stand corrected if I am wrong) this is an area covered at the A.G.M. or E.G.M.   It may be the case as it has been here that there is a problem getting one written tender let alone three!  Sometimes the President has to just take what is on offer on behalf on the rest of the owners to stop the urbanisation falling into disrepair.  However, at all times (and this is within the Law) all payments out and accounts in general have to be made available to ALL owners at all times (within reason of course).

We always put our contracts out to tender and sometimes get more than one tender back, these are always sent out on the written agenda before the A.G.M. and all owners vote on them either by person or by proxy.  Saying this we have a new problem with our drains, three months after our A.G.M. and on discussion I am willing to offer a contract to a drainage firm to cover us over the next nine months without the owners say so as it makes economic sense to do say.  What I am trying to say is that every Urbanisation is different and decsions sometimes have to be made that may not suit everyone.

Lastly, I am afraid the President was right in that Community issues budgets and meetings have nothing to do with a tenant.  Sorry but this is the law.  Nothwithstanding this statement, tenants are a vital part of our urbanisation and we gladly invite them to meetings although they are not allowed to vote.  We feel that by involving them it makes them belong!  Maybe your friend´s President may like to think along these lines.  Hope this helps.



_______________________
Denise



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25 Mar 2008 7:33 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

Denise has said it all really, and you can read loads more on other threads about Running a Community. The Bible for communities (and especially us presidents) is the Horizontal Law, which is somewhere on EOS but I can never find it, so here's a link to the same thing: http://www.infotorremolinos.com/horizontal-laws.pdf Read it and learn, then throw it in the president's face! Denise is right about the police and barking dogs. Barking dogs can be a real nuisance in Spain, but the police are more likely to shoot the president for being such a d*ckhead.

 



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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