01 Feb 2010 4:27 PM:
That 'statutes' mentioned are the Articles of the community or Estatutos.
Last paragraph of section 5 of the HPA provides:
The commonhold community statement CCS or title (Master deed or escritura de declaracion de propiedad horizontal) may also contain rules and regulations concerning the exercise of rights and other provisions not prohibited by law relating to the use and purpose of the building, its various flats or premises, its installations and facilities, expenses, administration and management, insurance, maintenance and repairs, making provisions that shall not prejudice third parties if they have not been registered with the Land Registry
For any amendment of the commonhold community statement, the same requirements shall be observed as for its creation, except as otherwise provided regarding the validity of the commonholders’ agreement.
These rules and regulations are the Articles which cannot be amended unless unanimous agreement of the owners is reached
Articles are regulations governing the running of the commonhold which are not mandatory and must not be confused with the CCS or title although may be incorporated together at the same time or subsequently. As was stated by the Supreme Court in its decision of 29-10-2001 the Articles are part of the title or CCS. Thus, there are no Articles without title but there are titles without Articles. Although neither is compulsory, the Registrar will not admit any articles if the CCS has not previously been registered.
The point is that the Articles do not usually refer to the language to be used at meetings, therefore you only need majority in order to pass a resolution in which from now on meetings will be held in English.
Bear in mind that although the meeting is held in English if any Spaniard turns up it must be provided translation from English to Spanish as well as the book of minutes and meetings' notices must be translated to Spanish
Thread:
Hard to understand.
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