Communities and the Role of the President Part 1

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Posted and filed under Legal Issues in Spain, Local area, Newsletters, Property in Spain.

Communities and the Role of the President

What is a community?

Most but not all people buying a home in Spain will automatically become a member of a community. They will be expected to contribute financially to the community in line with their share or “coefficient”. This share is written into the title deeds “Escritura” of the purchased property and is not changeable except in rare circumstances (subdivision etc.). The coefficient is calculated when the community is completed and, as a rule of thumb, is roughly proportional to the size of your apartment or house in relation to the overall size of the community.

That is why when people increase the area of their houses that it has to be approved by the Community because it affects the coefficients or shares.

What you actually pay will be your share of any expenditure agreed at an Annual General Meeting or an Extraordinary General Meeting of the Community. It is your responsibility to be aware of these charges and to pay them.

Paying your community charges on time is important as otherwise the community is likely to deteriorate as cleaners and gardeners need paying. The community now has the ability to (through court action of course) freeze your bank account and seize the apartment. Of course, this is always a last resort and time consuming but the community always wins and the costs are charged to the delinquent owner. The community can also apply penal charges to late payments and owners in debt have no voting rights at a meeting.

A word of warning here. Before you sign at the notary always make sure that your solicitor has obtained a certificate from the community showing any debt on the property. If he/she hasn’t then sorry, any debt becomes yours. Obviously, this also applies to any outstanding mortgages on the property but this is not a community issue and your solicitor SHOULD check everything. In Spain, the debt is on the property, not the individual.

Buying a property is a massive investment and commitment. It really is worth talking to the President or the Administrator before you buy. The community may look well cared for but it could be in debt (a debt in which you will participate if you buy) your solicitor is unlikely to check this and certainly, your estate agent won’t.

* If a charge, even if voted for by a majority, is classed as an improvement and your individual cost exceeds 3 months community charge then you do not have to pay, however, you can not participate in the improvement.

Essentially the charges are to cover the general costs of maintaining the communal elements (gardens, swimming pools etc) of which you have full use. You will not be required to pay for things you would not use (for example, lift maintenance if you live on the ground floor) however it is not your decision. It will be written in the community rules. Generally, the President or Administrator will be pleased to give you a copy before you buy.

Who decides what we pay and who we employ?

Basically you do. Never ever say “They” have done this or that because anything important or costly (except legal necessities) is voted for at an A.G.M. or E.G.M. and you have the same rights as all the other owners. Ensure that your voice is heard either by attending the meeting or appointing a proxy to vote on your behalf. You have the right to put forward any proposals or reject any proposals or budgets.

But someone has to do the day to day stuff. The President is in charge of the community and has total authority as your representative. He/she is ultimately responsible in law for the actions of the community and represents the community in all legal aspects. He/she is a signatory, together with the administrator for cheques and bank payments. The role of President is mandatory. If no one volunteers then a simple drawing of lots takes place and the winner (loser!) is President. He/

If no one volunteers then a simple drawing of lots takes place. He/she must apply to the court to be relieved of the office and, as any legal action takes forever here, there is no point as the office is for one year. Obviously, any person who does not wish to be President will not function correctly and in such a case will probably leave all the work to the Administrator. The Administrator is again a legal requirement but unless the community is very small then the Administrator will be an employed professional with the necessary software, staff and experience to support and advise the President but it is the President who makes the decisions.

At the A.G.M. the President will present the actual expenditure for the prior year and the budget for the coming year. These must be approved by the meeting. Generally, sufficient information on expenditure is sent with the meeting invitation. The approval of the expenditure and budget together with the election (re-election) of the President and Administrator plus agreement of the previous year’s minutes are mandatory agenda items. Proposals from owners are other agenda items but to be voted on must be mentioned in the posted agenda. Discussion on “Any other business” can be held and if the meeting agrees the President will call a future E.G.M. to vote on the issue.

This may all seem fairly complex but in fact, the laws relating to how a community must be governed are straight forward.

 

189 Comments

  • Daffy Moss

    Can an owner who is also employed as a janitor become the president of the community

    • Nicola Ryan

      Good Morning Daffy,

      Thank you for your enquiry.

      Our Solitor has confirmed “Any owner of the Community can be elected president”, we hope this helps.

      Kind regards
      Nicola

  • david lawrence

    Can a long term renter (not an owner) be voted on to the committee at an AGM as a Committee member, or alternatively be appointed by the President as a committee member for a fixed term?

    • Ian C.

      Hello David,
      Strictly speaking, each community can make their own rules. In our area, (Costa Blanca south) many committee members are long term renters. Going on that, there is no reason I can think of that a renter cannot be a president. Can you check the specific rules with your community administrator?

      Hope this helps,

      Ian

  • Beccy

    Can a president dismiss a gardener without a EGM

    • Nicola Ryan

      Good Afternoon Beccy,

      It would depend on the by-laws of the community, these are usually voted on at the AGM, we hope this helps.

      Kind regards
      Nicola

  • Hakim Etoumi

    Can one hold a position of presedante and his wife committee member

    • Ian C.

      Hello Hakim,
      We are getting many questions about community rules and who can or cannot serve on the committee. Generally, there is no reason why a husband and wife cannot both be on the community of owners committee.
      Regards, ian

  • Michael

    Does the president have to pay community fees or is he exempt

    • Nicola Ryan

      Good Morning Michael,

      Every property owner has to pay the community fees unless it has been agreed otherwise at the annual AGM. We hope this helps.

      Kind regards
      Nicola

  • Michael

    What is the roll of the Vice President ,is he responsible when the president is out of the country

    • Nicola Ryan

      Good Morning Michael,

      Yes, the Vice President should step in and act in the absence of the President, your administrator will be able to confirm this for you and what his role entails, we hope this helps.

      Kind regards
      Nicola

  • Brian Cambridge

    Can the President be voted out of office by the Owners at an EGM

    • Nicola Ryan

      Good Morning Brian ,

      Yes, he or she can be voted out at an AGM. When you have any queries in regards to the community it is best to contact the Administrator who will be able to answer any question or quieries you may have.

      Kind regards
      Nicola

  • Malcolm Taylor

    Does the President of a community have a legal responsibility to ensure that owners who rent their properties for holidays are correctly registered with the authorities?

    • Amanda Thomas

      Hi, No, the president has no legal responsibility. It is happening that some Town halls are requiring the AGM agreement to issue the certificate of compatibility but if this is issued then the owner is allowed to do holiday rentals

  • Katherine

    What is the typical procedure if a community has attempted to vote by majority a new President but the meeting is abruptly concluded by the departure of the President from the AGM?

    • Amanda Thomas

      Hi Katherine. If the Administrator was in the meeting, it could have continued. However, now a EGM can be called for an election of a new President. Kind Regards

  • Lindsay

    Can long term renters attend AGM with or without the owners permission?

    • Amanda Thomas

      Yes, with proxy from the owners. Kind regards

  • Jenni Higgins Varrone

    Does the community need to provide a proper translator at AGM or EGM when a vast majority of owners are non Spanish speaking I.e. English? And who pays for them?

    • Nicola Ryan

      Good Afternoon Jenni,

      It is not compulsary for the Administrator provide a translator, If they do not and one is required, this has to be arranged and paid by the community, we hope this helps.

      Kind regards
      Nicola

  • David

    Is the administrator responsible for reporting illegal tourist letting to the authorities. Can he or she be denounced for failing to report illegal tourist rentals.

    • Nicola Ryan

      Good Evening David,

      This is a good question but we feel it would also be the responsibility of neighbours and members of the community. You can check if a property has a tourist licence by contacting the specific areas Tourist Board and if it turns out the do not , you can not denounce the owner at your local Guarda Civil.

      Should you or your neighbours need any assistance in obtaining the tourist licence, we would be delighted to help. We deal with tourist licences in many different regions on a daily basis, we hope this helps.

      Kind regards
      Nicola

  • Chandrakant Dhanjee

    Does a community have to have an Administrator or can an owner be an administrator. We are a community of 63 apartments. My understanding is that the community must have a qualified administrator by Spanish law.

    CD

    • Nicola Ryan

      Good Morning Chandrakant,

      Thank you for enquiry.

      Our Solicitor has confirmed “There is no obligation to have an external profesional administrator, the role of administrator can be exercised by the president of the community or by another community owner as long as the community norms do not say otherwise or most of the owners agree to hire an external profesional”

      We hope this answers your question.
      Kind regards
      Nicola

  • Gillian Ferguson

    Can the president take renumeration for running a large community and how much would be reasonable?

    • Nicola Ryan

      Good Afternoon Gillian,

      Thank you for your enquiry.

      Our Solicitor has commented “Yes, a president can get money for his time and expenses, but it must be declared in tax Office.

      I can not say about a reasonable figure as I don’t have more information”

      We hope this answer your question correctly.

      Kind regards
      Nicola

  • Kim

    Hi, Can a community vote to exclude holiday rentals being allowed in an urbanusation? Many thanks in advance.

    • Nicola Ryan

      Good Morning Kim,

      Thank you for your enquiry.

      Yes, the exclusión of holiday rentals in a community, can be voted for at the annual AGM. We hope this helps.

      Kind regards
      Nicola

  • Geoff

    Hi We have a president that fails to clean the roads after a flood, mainly because of a cliff face opposite houses, and twice each year the drains get overwhelmed with mud with the result the road gets about 6″ of mud this time one of the drains approx 24″ x 24″ x 36″ Deep has lost its cover this being a health and safety issue, and nothing will be done about this until someone receives serious injuries. what can be done

    • Nicola Ryan

      Good Afternoon Geoff,

      We understand your frustration. It would best to bring this matter up at the AGM and ask for something to be done, maybe it will need some structural or drain work carried out which will require a vote before moving forward with this matter. We hope this helps.

      Kind regards
      Nicola

  • Collette

    Some of the community do not pay the community fees. I am told by the Administrator that it takes years to go to court as the sum is low 3000 euros so there isn’t anything he can do – is this correct?

    Also, some want the Urbanización painted, it hasn’t been done for 12 years. Some residents want it, and others don’t. We have to pay separately to our community fees for this. The administrator tells me there isn’t anything he can do about this. If residents don’t pay, then we have to accept this decision. The urb really needs doing.

    • Nicola Ryan

      Good Morning Collette,

      This is true and is a common issue within communities, we understand your frustration. The debt will not be forgotten about but will take time to be enforced.

      We hope this matter is resolved quickly for you.

      Kind regards
      Nicola

  • Jill Fielding

    Some residents in our small community of eight villas have decided to turn their basements into apartments for holiday rentals. Is this legally allowed? Some residents don’t want this. Thank you.

    • Nicola Ryan

      Good Morning Jill,

      Thank you for your enquiry.

      Yes, this is legal, as long as the owners have the relevant paperwork in place for the tourist licence ect. If you and other neighbours are unhappy about this, it would be best to bring this matter up at the AGM and a possible vote can be taken on whether to allow holiday rentals in the community. We hope this helps.

      Kind regards
      Nicola

  • Matt Douglis

    Hi. The neighbour opposite has erected a large wooden wardrobe outside their front door as storage. This is directl in front of my door and in the communal area/hallway. We are third floor. The ladders leading to the roof are outside our door. I believe the wooden wardrobe is a fire hazard; and prevent escape from our apartment and others i tobthe roof. When the ladders are down the wardrobe will prevent/restrict access.
    I have reported this to the administrators who have e mailed the owner with little success.
    I now see that the administrators have put this for discussion and vote at next agm.
    The Spanish owner, who has erectected the wardrobe has been there for years and popular amongst elder spanish residents. The spanish owner on floor below was allowed permission for a wardrobe in communal area.
    This is VERY different as there is also the ladder ti the roof and a Fire Hazard.
    I do not believe this should be open to duscussion or vote but a matter of safety for the residents in the block . This has been broughtvto the attention of the president and administrators.
    Could you please tell me any relevant Spanish legislation aporopriate please re fire escapes and responsibility of administrations. I have found relevant English legislation.
    Thanks in advance
    Matt

    • Nicola Ryan

      Good Morning Mathew,

      Thank you for your enquiry.

      We understand your concern completely. We feel it would be best to contact CAB in relation to this enquiry. They can be found online and do have a facebook page, we hope this helps.

      Kind regards
      Nicola

  • Stan Dibble

    I have just taken over as President for out community of owners. The past President has used all the communication and electrical cupboards to store his property. There are carpets folding chairs, loungers, and a bike all stuffed into the cupboards which I feel is a fire hazard. Have I the right to force him to have them removed and if he refuses what is the best way to have this done on the behalf on the community.

    • Nicola Ryan

      Good Afternoon Stan,

      We are delighted to help with any issues you have in Spain.

      We are legal, property, tax and fiscal professionals. We are currently getting a lot of requests and questions regarding individual communities, committees, roles of the president etc. Really, you need to speak to your administrators if your request is how to replace or reprimand your president or other members of the community. It is just not something that we can advise on without all the information that the administrators have at hand. It is their job to help you as a resident and we are sure they will be happy to.

      Kind regards
      Nicola.

  • Raymond hartigan

    We have a president that has held the position ever since the building was completed 12 years ago,unfortunately we have quite
    A few non permanent owners in our building of 41 apartments and I have been told that she has for years held a number of proxy votes. I would just like to know if there are any rules concerning how long one person may hold the position of president

    • Nicola Ryan

      Good Afternoon Raymond,

      We are delighted to help with any issues you have in Spain. We are legal, property, tax and fiscal professionals. We are currently getting a lot of requests and questions regarding individual communities, committees, roles of the president etc. Really, you need to speak to your administrators if your request is how to replace or reprimand your president or other members of the community. It is just not something that we can advise on without all the information that the administrators have at hand. It is their job to help you as a resident and we are sure they will be happy to.

      Kind regards
      Nicola.

  • Carolann

    Can a community of owners ask for an extraordinary payment because the money in the community bank account was taken through court action to pay a debt from 7 years ago. I only purchased 2 years ago. A meeting was held and a vote was taken to cut electricity and water supplies to properties that did not pay the additional fee. Can this be done?

    • Ian C.

      Hello Carolann,
      I think the community probably can do this, and ask for the money from all residents, but you can try to negotiate with them. If the fine for example is 700 euro offer to pay them 200 euro.
      I find most communities are good to deal with especially if you pay on time and are a good neighbour.
      Let us know if you need any help,

      Kind wishes,

      ian

  • jackie

    do I have to tell the president if family are staying in my house for two weeks ,also the Spanish authorities

    • Nicola Ryan

      Good Evening Jackie,

      Thank you for your enquiry.

      Best to check with your President but we are more than sure you will not have to notify your President that you have family staying. In regards to registering the details wit the Police, this would only be done if you had a tourist licence and were adverting your property for holiday rentals.

      We hope this helps

  • Paulina

    What a helpful page I’ve found! Thanking you in advance – is it possible to have a Committee without a President?
    Our President has decided she is stepping down later this year and as yet no one has put themselves forward.
    We are a strong Committee of 5 and wondering if voted for, could we collectively and legally carry on with the support of the community and administrator – making the decisions as a group? Thank you in advance

    • Nicola Ryan

      Good Af­ter­noon Paulina,

      Thank you for your kind words.

      We are de­lighted to help with any is­sues you have in Spain.

      We are legal, prop­erty, tax and fiscal pro­fes­sion­als. We are cur­rently get­ting a lot of re­quests and ques­tions re­gard­ing in­di­vidual com­munit­ies, com­mit­tees, roles of the pres­id­ent etc. Really, you need to speak to your ad­min­is­trat­ors. It is just not something that we can ad­vise on without all the in­form­a­tion that the ad­min­is­trat­ors have at hand. It is their job to help you as a res­id­ent and we are sure they will be happy to.

      Kind re­gards
      Nicola

  • Eric Carel de Backer

    Nicola, goodmorning. ,my question is : what is the maximum proxys the president of an urbanisation with +/- 450 plots/owners may receive for the
    annual meeting ( in our country Belgium the max is 3 proxys. The other proxys has to be made to the other members of the community
    (also max. 3 pr. member.

    G.m.

    • Nicola Ryan

      Good Af­ter­noon Eric,

      We are de­lighted to help with any is­sues you have in Spain.

      We are legal, prop­erty, tax and fiscal pro­fes­sion­als. We are cur­rently get­ting a lot of re­quests and ques­tions re­gard­ing in­di­vidual com­munit­ies, com­mit­tees, roles of the pres­id­ent etc. Really, you need to speak to your ad­min­is­trat­ors .It is their job to help you as a res­id­ent and we are sure they will be happy to. We hope this helps.

      Kind re­gards
      Nicola

  • A Summersgill

    Good Evening
    If you are unhappy and want to call a egm, can 25% of owners call an egm or is the protocol to write to the President for him to call an egm, and does he set the time and date or do the 25% set the date also who chairs the egm

    • Nicola Ryan

      Good Af­ter­noon,

      We are de­lighted to help with any is­sues you have in Spain.

      We are legal, prop­erty, tax and fiscal pro­fes­sion­als. We are cur­rently get­ting a lot of re­quests and ques­tions re­gard­ing in­di­vidual com­munit­ies, com­mit­tees, roles of the pres­id­ent etc. Really, you need to speak to your ad­min­is­trat­ors if your re­quest is how to re­place or rep­rim­and your pres­id­ent or other mem­bers of the com­munity. It is just not something that we can ad­vise on without all the in­form­a­tion that the ad­min­is­trat­ors have at hand. It is their job to help you as a res­id­ent and we are sure they will be happy to.

      Kind re­gards
      Nicola

  • robert

    hi can a co owner in a time plan apartment become president in the community or must it be an outright owner
    regards robert

    • Nicola Ryan

      Good Af­ter­noon Robert,

      We are de­lighted to help with any is­sues you have in Spain.

      We are legal, prop­erty, tax and fiscal pro­fes­sion­als. We are cur­rently get­ting a lot of re­quests and ques­tions re­gard­ing in­di­vidual com­munit­ies, com­mit­tees, roles of the pres­id­ent etc. Really, you need to speak to your ad­min­is­trat­ors, it is their job to help you as a res­id­ent and we are sure they will be happy to.

      Kind re­gards
      Nicola

  • Jiri

    Does the president have to disclose details of his/her negotiations with city hall, lawyers in general or with future contracted maintenance companies to the members of the community if they/he/she asks?

    • Nicola Ryan

      Good Af­ter­noon Jiri,

      We are delighted to help with any is­sues you have in Spain.

      We are legal, prop­erty, tax and fiscal pro­fes­sion­als. We are cur­rently get­ting a lot of re­quests and ques­tions re­gard­ing in­di­vidual com­munit­ies, com­mit­tees, roles of the pres­id­ent etc. Really, you need to speak to your ad­min­is­trat­ors, it is just not something that we can ad­vise on without all the in­form­a­tion that the ad­min­is­trat­ors have at hand. It is their job to help you as a res­id­ent, and we are sure they will be happy to.

      Kind regards
      Nicola

  • S Taylor

    We live in a apartment block of 8.
    Is it legal for a neighbour to capture a communal void ( convert into a 1 x bed apartment)add extra windows and build a terrace onto communal land and use the 5/3 vote to push it through at the AGM
    The president approved these works and now tells us if we are unhappy to take it up with the neighbour in question.
    The President has ignored all( recorded delivery) letters from our lawyer.

    • Nicola Ryan

      Good Morning Steven,

      We understand your concern, without knowing the file and facts, it would be hard to comment. We would recommend discussing your concerns with the Solicitor, who is dealing with this matter for you, or even your Administrator. We hope this helps.

      Kind regards
      Nicola

  • Bill McALISTAIR

    I was unable to attend an EGM in December ,therefore I send an email containing 2 proposals to be presented at the AGM,The president took it upon himself not to present them to the meeting.Is this Legal?

    • Amanda Thomas

      Good morning Bill, It is not legal. The owner has the right to include proposals for the AGM if it has been sent with sufficient time (before the calling). The President has the obligation to accept the petition and discuss the proposal at the AGM. If this is not done, the owner can ask the President to include in the next AGM or to sue the community and declare that the AGM held was not valid. Good luck. And if our company can help you with anything else please let us know. Kind Regards.

  • David Abbott

    Can the president of a community shut off water supplies to a dwelling without a court order. I understand if a landlord cuts off essential supplies to his dwelling when inhabited it was illegal. So would this be the same for a community president to do the same. My friend has just returned to his home and been ordered to stay in quarantine however he had not been able to pay €100 for water supplied by community due to a prior renter who refused to pay rent and had to be removed by court order. My friend arrived to find the community president has cut his water supply off due to unpaid €100. He is willing to pay as soon as he receives his money from the government under the present state of alert. So is the president acting correctly as I understood he/she needed a court order to do so. Secondly as he is not supposed to leave the house for 14 days how does he cope with no water. He has told the president but president says he is not interested.

    • Amanda Thomas

      Dear David, Nobody can shut off water supplies without an order. And the Government has ruled that during the State of Alarm water companies cannot cut off the services even the bill is not paid.But we don´t understand is how a president can shut off a private house service…

  • Lynne Tulip

    If a owner breaks a community rule with regards to the facade of his property (no permission requested to do the work) and does the work himself causing health and safety issues during the alterations, does the president have no choice but to take legal action against the said owner on behalf of the community. Is the president require to ask the other owners permission to start legal proceedings against the perpetrator?
    Thanks in advance

    • Amanda Thomas

      Dear Lynne, You need to refer to your Administrator in this case, Kind regards

  • Steve Taylor

    There has been illegal building works taken place ( terrace and building into communal areas) both the President and the Vice President were aware and did not stop the works are they jointly responsible for the illegal action or is it just the president?

    • Amanda Thomas

      Dear Steve, Thank you for your enquiry. Neither the President nor the Vice President are liable unless they have directly authorised the illegal building. Please contact us if you would like to start a proceeding to have the building works knocked down. Kind regards

  • Ian Robinson

    I have been president of our community for 12 years (since it was built). I am due to step down at our AGM in August. However circumstances have become so difficult for me to continue, therefore can I resign now and the vice president take over?

    • Amanda Thomas

      Dear Ian, Good morning, I have checked with our solicitor who is qualified in community law and he said yes you can. I hope all goes well. Kind regards

  • michael wilson

    At our last AGM earlier this year it was agreed to resite a large garden rubbish container, this was recorded in the minutes of the AGM.
    The committee has decided not to resite this container, can they do this without calling an EGM ?
    Thank you

    • Amanda Thomas

      Dear Michael, You should check with the Administrators regarding this issue. Kind regards

  • Steve

    Hi
    Can a President ban all ball games in and out of the pool and all inflatables in the pool without consulting all owners?

    • Amanda Thomas

      Dear Steve, I believe that this is currently part of the local laws due to coronavirus measures so yes, Kind regards

  • Caroline

    We live on an urbanisation of 60 houses our community is €90 per month . Since october 2019 we have not had a gardener or maintenance person . Nothing is being dobe and our pool is out of action . And today the intercom on gate is not working . When we ask president she says we have no money !!! As the community is in debt .

    • Amanda Thomas

      Dear Caroline, I suggest you contact the Administrator of the Community, but it sounds as if community fees would need to be increased substantially, Kind regards

  • Victoria

    Our president is a dictator, he claims to have a presidential veto to prevent owners who disagree with him from standing for the committee, he also publishes the names and addresses of anyone he disapproves of on the community website and other social media
    Can he do this

    • Amanda Thomas

      No, of course not, he is only representing the owners. You should arrange a meeting with your Administrator.

  • John Bolton

    In the month of January we received our agenda and budget for the upcoming AGM in April. On these two documents there are no mention of an increase in community fees. At the end of January we are due to pay our first installment of our community fees and now we notice that the community fees has gone up. During the AGM in April, via Zoom, again there are no point in the agenda to discuss the increase of community fees but now the budget reflects in a small box the increased amount. The budget is swiftly approved with very few studying all the numbers but owners, specially those who are not familiar with online meetings, are only now asking when was the increase discussed and approved at the AGM. The administrator is saying the budget was approved at the AGM but the first increased amount was already taken from our accounts in January which we don’t understand. How can we approve and increase if we apparently voted, not, on it in April?
    We would like to know:
    1.) Does an increase in community fees need to be on the agenda, discussed and approved at an AGM?
    2.) Is the administrator/president allowed to just add it to the budget alongside ALL the other income and expenses and not listing on the agenda hoping nobody would notice?

    We are just worried that between the administrator and president they have been able to increase our fees without consultation of the rest of committee or the other residents so we would like to know if what’s happening is legal?
    Many thanks!!

    • Amanda Thomas

      Good morning, The answer to your questions are:-

      1.- Yes, of course. Otherwise it is not valid

      2.- No. Incomes and expenses must be detailed in the AGM. It is the only way the Community could approve.

      You can ask clarification directly to president and administrator or you can start legal action against them. Please let us know if we can help.

  • Mr. Raymond Bailey

    I live on a community that has 8 water cabinets were owners water meters are. 7 of these cabinets have no security locks.
    My question is:- If an owners water meter is damaged or stolen, would the community be libel for the cost of replacing their water meter.

    • Amanda Thomas

      Dear Raymond, This is a question for the Administrator. Hopefully nothing happens to the meters. Kind regards

  • Gerry

    We have permission from our town hall for a pool and terrace installation all signed off and paid through our architect. We have added 4 ish metre squared of tiling on the inside walls of a lower terrace that is not visable from the street to cover up some staining on the walls. A neighbour has questioned if we have permission for this as we are not allowed to change the property wall colour. As it is within the property at ground level and not seen from the perimeter should I be worried.

    • Amanda Thomas

      Dear Gerry, It is very difficult to advise without all paperwork and community rules, I think you should check with your architect, I am sorry. Kind regards

  • Mike Van

    Thanks for the article & advice offered already. I may have missed it in a previous question/comment, but we are about to hold our first community meeting to discuss initial fees/allocations (new build) but one flat is claiming that they are not liable for elevator annual maintenance as they are on the ground floor and won’t use it. Is this legal? We are in the entreseulo and also don’t use the elevator (it’s 1 flight of stairs), but are happy for the cost to be divided amongst all flats and pay our share, do they have any legal grounds to dispute this or are all communal areas (including the lifts) applicable to all flats?
    Oh and random question please; should the allocation be done on internal flat size, or entire flat footprint incl. terrace/balcony?
    Thanks again for the article & answers, super helpful!

    • Amanda Thomas

      Dear Mike, I am sorry for the delay, I have just seen this. You do need to speak to your Administrators regarding these questions, I am sorry. Kind regards

  • Karen Smith

    Really helpful site. Thank you. I hold escrituras for 5 timeshare weeks inthe Canaries. If I can’t use them and offer them to a friend or another owner just for the maintenance cost, do I need a tourist licence? Will my guests still be covered on site by public liabiility Insurance that the resort has? Many thanks.

    • Ian C.

      Hello Karen,
      Once you dont charge your friends, there is no need for a tourist licence.
      Regarding insurance, can you not just encourage them to take out travel insurance?
      The community insurance shoudl cover everyone, maybe just check with the administrators to be sure?
      All the best, ian

  • Ron Taylor

    Is it a legal requirement for the appointment of a President of the Community of Garage Owners . Can the apartment building Community of Owners President be responsible for the whole building including the underground garage parking places ? If necessary with two separate fees accounts.

    • Ian C.

      Hola Ron,
      Generally the president of the community is the same as the president for the garage.
      Best to check with the administrators and they will clarify,
      regards,
      ian

  • Michael

    Hi. In our “Summons To Annual General Meeting”, a list of Debtors with amounts owed is included. Is this normal practice?
    Thank you

    • Ian C.

      Hello Michael,

      Yes this is not unusual at all.
      Kind regards,
      Ian

  • Alexandra

    Hello following the guidelines of the Communal pools. Can the president and administrator make up their own guidelines that they can not justify plus the residents don’t agree in. Also how long should it take for an administrator or president to respond to a email or telephone call as think 4 months is way too long, especially when the administrator and president (doesn’t have to service charge and has expenses paid for) are being paid for their roles. Surely they have some kind of duty to respond?

    • Amanda Thomas

      Dear Alexandra, No, they have to follow horizontal law. You could send a letter by burofax, and I think that would have the desired effect in getting a response. It has been an unusual period with the state of alarm, so things are a little different still from usual. Good luck.

  • Rob Daniels

    Hi we want to call an egm we have the 30 names needed for this now the administrator says it’s not acceptable because some of the names are on separate papers as they have been sent by emails . I was of the understanding you can get the names any how as long as it is the 25% of households thank you for any help on this matter

    • Jane

      Hi Rob

      I would suggest you speak to the President or ask the administrator to show you the rules that show that e mails are not accepted.

      Kind Regards

      Jane

  • Rob Daniel’s

    Can our administrator hold proxy votes for our egm meeting even though she is not a resident of our urbanisation

    • Jane

      Sorry Rob we cannot advise on this you would need your administrator to confirm, perhaps ask to see the documents they hold on proxy votes.

      Kind Regards

      Jane

  • shaun clifford

    Good afternoon I would like to put my self forward as a board member on my community how do I go about doing this ?

    • Jane

      Hi Shaun

      You should contact either your community President or your Administrators.

      Kind Regards

      Jane

  • Dawn Wilson

    Can the President of a community make unanimous decisions on behalf of himself as regards rules of the community?

    • Amanda Thomas

      Hello DAwn, No, he represents the members of the community. If there is a problem, you need to speak to the Administrators. Lind regards

  • Sarah Myers

    Hello,
    I have just taken on the role of President for a community of 18 houses, one of which I own. (Although I live in the Uk and this is our holiday home)
    I am still a little unsure of what the role entails but I will do my best to do as good a job as I can.
    We have a new family moved in who have visitors on a daily basis. (They are renting from the previous president)
    I have been informed that they lay around the pool playing loud music while the children play in the pool with inflatables.
    What are the current rules regarding ‘loud music’ ‘pool floats’ and ‘guests’?
    Thank you in advance

    • Jane

      Hi Sarah

      Each community has it’s own set of rules, you will need to check with your Administrators for yours.

      Kind Regards

      Jane

  • Vincent Dack

    Excellant site.
    My administrator has informed me that our accounts have been sent to the President for approval. Is this necessary as he authorises all expenditure and obviously has been given the opportunity to amend the presentation to other members.

    • Amanda Thomas

      Hi Vincent, Thank you very much. It is always good to hear that people appreciate our efforts on this. With regard to your question, No, the Community accounts only can be approved by the AGM. The President has no power to approve them. Maybe it was only for information. But you have the answer anyway. Kind regards Amanda

  • James Mitha

    Hello
    Can I please ask the following.
    We have a community of 12 villas in Mijas.
    Our president had called an AGM with three days notice knowing full well that the majority of the owners who do not live in Spain could not attend,
    is this acceptable?
    The AGM was not fully typed up, only two times discussed at the AGM were on the final minutes out of 10/12 issues, is this acceptable?
    The current administrator refuses to to approach an owner on our estate who constantly breaks the rules, drinking out of glass bottles at the pool side. Swimming after 11pm in the evening when the pool lights go out.
    He and his wife constantly allow their son who is under 7 and his friend to swim un supervised while they are in their villa entertaining, watching TV, eating lunch,dinner or supper.
    The Vice President breaks all the following rules but the president refuses to speak to him.
    The rules of the community state no towels to be hung over railing to dry out, all building must be paint white his is blue,he drinks beer around the pool with glass bottles, his wife tells the people around the pool to ignore the safety notice board saying they do not apply to our community.
    He and his wife take the dog around the grounds of the community claiming the dog does not foul on the grass.

    Please advise if all the above are acceptable
    Thank you

    • Amanda Thomas

      Dear James, I think it is clear that many rules are being broken and in the first instance you should contact the Administrator with the list asking for them to be addressed. If this does not work, it may be best to seek a lawyer to assist in writing to the Administrator that is local to you (we are a very long way from Mijas). We wish you the best of luck with the problems, with kind regards, Amanda

  • Chris

    Very useful site.
    We have just had an election for President at the AGM. The existing President received 94 votes but only a coefficient of 25.4. The challenger received only 84 votes, but a coefficient of 27.9. Who is the winner, and what happens next?

    • Jane

      Thanks Chris.

      You should contact your complex administrators to check the conditions they have for the coefficient votes.

      Kind Regards

      Jane

  • Sheila James

    Hi. I own a property in Orihuela Costa. We have been told that our community has received a request to install a disabled ramp allowing access to the community and our pool. Do we have a right to know who asked for this and to see the plans/drawings? None of us are aware of any resident disabled or over 70 who requires one. We have no objections to the ramps as such but a few of us are worried there isn’t enough room to safely install one without it being a possible hazard to the others in the community as the existing small ramp is quite slippery. If someone with disabled visitors has asked for one does that mean we have to comply? Does the rule regarding requests for this apply to all urbanisations in Spain regardless of when they were built? Thank you

    • Jane

      Hi Sheila

      I would suggest in the first instance you contact your complex administrators to check the rules for your compleex.

      Kind Regards

      Jane

  • Steve

    Can a president be removed. If he or she acts in a manner that the community does not agree with.

    • Amanda Thomas

      Dear Steve, As a President is only one year, it may be worth just waiting until the next AGM. If no one wants to be President then it goes one by one to the properties and there is a legal obligation. Kind regards

  • Fran Baddeley

    Should proxy votes, after an EGM be kept in case of any discrepancies. One Owner has advised he didn’t give his proxy to be used yet it shows in the minutes and has been counted. I have asked our administrators for a copy and they tell me that they don’t have it in their office. The owner who used it says she has deleted the email giving Her the permission to use it

    • Jane

      Hi Fran

      You would require to speak to your complex administrator to check the rules for this.

      Kind Regards

      Jane

  • Peter Hopkin

    Hello,
    Thank you for a great site with so much useful information. My questions.
    Over the last few years our old building has required essential maintenance works , however our president has cancelled the AGM due to Covington. We are 69 apartments and 12 locals.
    1. I suggested an AGM via zoom but have been told by the administrator
    a legal requirement of 10 owners need to physically attend a meeting with zoom allowed and the non attending providing proxies.
    As the covid ruled now say no meeting more than 6 people allowed to gather then there is no legal way to have an AGM.
    Is this correct, is there a legal way around this?

    2. We presently have a serious issue with part of the roof collapsing in to some of the apartments.
    We do not have the funds to make the repairs and can now not have an AGM. Insurance will not cover it.
    Is there a legal way the Administrator or President can make a legal request for the funds without the AGM that can be enforced ?

    Regards

    P

    • Amanda Thomas

      Dear Peter, Yes, the President and Administrator are able to take decisions in case of urgency, with the obligation to inform the owners in the next AGM.
      So, yes, you can demand funds explaining the reasons. Also funnily enough this very subject has been on Spanish radio the last few days. It is true that zoom meetings are not permitted (only the law allows it in Cataluyna). The rest of Spain have to have it in person. The radio programme was actually saying how many problems this is going to cause, as it is a sort of legal black hole at the moment. We wish you the best with everything. Kind regards

  • Lobrano Francesco

    Hello
    I have been voted president the 7th of April 2017 for 3 years. The AGM which had to find place on April 2020 has been cancelled because of the Pandemic. Now I intend to resign as president after 3 years and 9 months not knowing when the next meeting will be held.
    Can I resign by communicating this to the Adm. and the community?
    DO I need an AGM in order to resign.

    • Amanda Thomas

      Good morning, you need to discuss these issues with the Administrators. Kind regards

  • Jonathan

    I am currently the administrator of our community of 8 apartments. It has become more difficult to do this job recently due to travel restrictions etc and getting to Spain.
    Can I resign as the administrator at any time or do I have to wait until the next AGM? And to do it do I just write to the president?

    • Jane

      Hi Jonathan

      Are you the president or administrator? If president then you need to talk to your community administrators to answer this.

      Kind Regards

      Jane

  • Victoria

    Our president and a committee member have taken to using a community blog to attack the character of anybody they feel does not agree with their point of view
    This includes publishing names and addresses and telling untruths .
    This website is an open website and we now find that we appear on the World Wide Web.
    One member of the staff is it seems seriously over paid and is being used to keep the president up to date with anything happening on the complex.
    Are the presidents actions legal
    If you e mail me personally I will provide details of the website as I would be interested to hear your views , we are considering legal action.

    • Amanda Thomas

      Dear Victoria, We can send a formal legal letter to the President and to the other people who is doing this on the web.
      If they continue doing this, the affected people can go to the Guardia Civil and put a denuncia. It is clear. Please let me know if you wish us to send legal letters, Kind regards Amanda

  • Anne

    Our Community Board of directors had our Accounts Ready and audited by February 2020 ready for the AGM in March 2020,obviously with Covid we were not allowed to hold our AGM. Now looking as our AGM for March also may not go ahead.what is our position as home owners as regards the Accounts being made available to owners? can we demand to see them?

    • Jane

      Hi Anne

      You would require to check with your administrators what the rules are.

      Kind Regards

      Jane

  • Victoria

    If the president and editor of a community website commit a criminal act against owners by breaching GDPR on the website, can they use community funds to pay for their legal bills if prosecuted.
    We are considering legal action but don’t feel the community should have to pay the presidents costs

    • Amanda Thomas

      Hi Victoria, I have checked with our lawyer who said that the President can´t receive any money from the Community and cannot use the Community money for his defence. Kind regards

  • Johan

    What means are at a President’s disposal to enforce the community rules?

    • Amanda Thomas

      Hi Johan, well it is quite a wide question but Horizontal Property Law gives the President duties, obligations and rights. Basically they are the official representative of a group of owners. For specifics you should ask your Administrators. Kind regards

  • john peck

    we are trying to get answers for quotes for work and requesting bank statement to be put on our community web site but the president and administrator will not give us answers is this against the law

    • Jane

      Hi John

      You would require to check the rules of the administration for your complex to see what the guidance is on this.

      Kind Regards

      Jane

  • Coralie Matthews

    What happens if the president of an urbanization is not a resident so is now currently living here illegally? Also we believe his house is in his wife’s name so he is not even a homeowner. He has lived here for more than 12 years.

    • Amanda Thomas

      Dear Coralie, It does not matter if a President is non resident, only if they are a home-owner so you need to ask the Administrators to order a nota simple to check this. Kind regards

  • Steve

    Hi ,can a community of owners ask for an accounts committee to be set up or an auditor to audit the accounts to ensure
    all is as it should be and what percentage votes would be needed for an accounts committee .

    • Amanda Thomas

      Dear Steve, You need to refer to your Administrator to answer these types of questions. They are there to advise you. Kind regards.

  • Douglas Amonite

    Our building is about to begin repairs. Can the president have final say in how the list will be prioritized?

    • Amanda Thomas

      Dear Douglas, We recommend you refer to your Administrator for this query, Kind regards

    • Nicola Ryan

      Good Morning Douglas,

      Thank you for your enquiry.

      It would be best to check this with your community administrator, we hope this helps.

      Kind regards
      Nicola

  • Beil

    Is it possible to remove administrators at any point. We received a document telling us we had agreed to the administrators being in place for two years but no one can remember seeing this before. They are already being difficult just months into our community formation

    • Amanda Thomas

      Good morning, you do this through a General Meeting. In the Annual one or the Extraordinary one. But you need to check what the contract with that Company says…..and the legal reasons to finish that contract. Kind regards

  • Paul

    Hi,
    We have a resident who constantly brings numerous visitors to the urbanisation. They have a two bed apartment. Sometimes the numbers have been 12 during evenings, one Sunday they had 25 taking over the pool. What can we do. Also this same family access the pool directly from their terrace, damping flora and irrigation and thus avoiding the covid gels etc at the official gates entrance. What are our options. Thanks.

    • Amanda Thomas

      Dear Paul, You need to report this to the President and Administrators and discuss what options should be taken. With kind regards

  • Tony Smith

    Our president has decided, on his own, to restrict the amount of people allowed in our pool area to eight at any one time. This is, according to him, Valencian Law, due to the pandemic. We have 161 properties and eight seems too low. What can we do?

    • Amanda Thomas

      Dear Tony, The rules about the use of the swimming pool have to be included in the Title Deed of the Constitution of the Community. If not, the rules need to be voted in the General Meeting of the Community or in a requested EGM for the majority of the neighbours. So you need to talk to the Administrator. With kind regards.

  • Tom

    I bought an apartment in 2018. At the time my lawyer could not make contact and had no response from the community of owners. I could not contact the community and when I asked at reception to meet or speak with the community president, I was told that she was only contactable by email. I sent numerous emails asking for clarification of community fees, but with no response at all. Eventually I did receive an email, but at that time, there was a leak from the apartment above mine that caused damage to my apartment. I could not use my apartment for months while I awaited the repair. The repair was badly done by the community and dampness appeared after the repair. I told the community president that they must cover the cost of the repair again, but they wouldn’t agree. I told them that I would bring the community fees up to date if they could issue me with a bill, minus the cost of the repairs, which I would undertake. Again, no response to any emails. Because the fees were backing up, I paid them, minus the cost of repair and I requested confirmation that the money was received by them. Again, no response. I have found out now that they have taken legal action against me for non-payment of fees and now looking for payment of these legal fees. I haven’t been to the apartment in almost two years, because of Covid lockdown.
    I received no email or phone call from them to let me know that they were instigating proceedings.
    Are they obliged to contact me by email or phone to notify me of their intention to take legal proceedings, so that would have given me time to seek a resolution?

    • Nicola Ryan

      Good Morning Tom,

      We are sorry to hear of your situation.

      Can we ask if you have tried to contact the Administrators to try and sort the situation rather than it going to court, they may be able to help. We have passed your enquiry to our para legal Amanda, who will contact you directly to discuss this matter further.

      Kind regards
      Nicola

  • Sue

    Our community are unhappy with the administrators and our President has resigned. We have sent a meeting request signed by over 25% of owners but it has not been acknowledged by President, acting President or Administrators (they have been refusing a meeting for some time). Can we go ahead with the meeting due to their refusal to act?

    • Amanda Thomas

      Hi Sue,

      I have spoken with the solicitor and yes but you need assistance professionally from another Administrator, so you should contact another firm for guidance. Kind regards

  • Yvonne Ohara

    Our president and our administrator have ignored all decisions made at last AGM 3 years ago, this was because of pandemic . 1- president was voted on to only be able to spend 1.000 euros on emergencies only . Administrator when asked said she could spend 6.000 . 2.it was proposed to wait for any non urgent work to be done . It was also proposed any proposals must be put on agenda at next AGM to allow owners to be able to discuss . Also anything over 1.000 must be voted on and a majority of home owners to agree . Administrator sent e mail stating yes or no to heating one of the pools and if she didn’t receive a reply she would count it as a yes vote . The result was 20 for 5 against there were abstinations claiming they did not approve of vote and please wait till next AGM . We have over 90 owners how can the administrator take this as a majority vote , so the work was carried out costing thousands of euros . Are we right to question president but more importantly administrator and possibly get a new administrator who does not seem to be representing owners wishes as in AGM decisions .

    • Amanda Thomas

      Hi Yvonne,

      Yes, the President and Administrator must follow the agreement voted at the AGM.

      If they don´t do it owners can demand responsibility in Courts, With kind regards,

      Amanda

  • Fiona

    I have just found a garden/pool maintenance contract that has been in operation for 19 years.
    Is it illegal for a President to have his garden and pool maintained and paid for by the community he represents?

    • Nicola Ryan

      Afternoon Fiona,

      If there was any arrangement put in place, the administrators would have information on this. This arrangement would have to be agreed an AGM and detailed on the minutes for the meeting.

      We would recommend having a meeting with the administrators initially and then an AGM would need to be held to agree how this would be dealt with.

      We hope this helps.

  • Dorothy Taylor

    Hi there, we are holding an EGM for election of a new President and Vice President. One of the owners who is employed by us as a gardener is putting his name forward for President. My question is, can he be a gardener and President? Is this a conflict of interest as the President will be authorising payment for himself?

    • Nicola Ryan

      Afternoon Dorothy,

      There should be no reason why the same person can not be president and gardener, as long as it has been won via a vote and the accounts are available to be seen each year.

      Kind regards
      Nicola

  • Kevin Connell

    Elections were due in our urb but were left off the agenda because the administrator claimed covid had prevented the two previous AGMs so their term was automatically extended. Is this correct procedure? An owner asked for a vote to change the administrator be put on the agenda but they did not include it. Are they entitled to do this? Despite the owners videoing the preceeding the administrator is refusing to remove untrue statement from the minutes. Is there anything we can do about this?

    • Amanda Thomas

      Dear Kevin, The lawyer has said “If they asked formally and in formal time to include this petition in the General Meeting and the administration did not include this and is refusing to remove untrue statements from the acta of the general meeting, they can file a lawsuit in Court to make this general meeting not valid (there is a time limitation to do this after each meeting)” Kind regards

  • Michael Galley

    Our president in conjunction with the administrator continuously break the L.o.h.p and Community statutes. Examples : 3 years without details/report on Community debtors in accounts. No minutes 6months after last Extraordinary meeting. Ord. AGM specified in Statutes first four months in year but has simply been moved to October by combined Pres/Administrator decision. What are the options ? no-one wants to “dance” with expensive lawyers/time defective legal process. In view of the circumstances, ” ask your administrator” is not the way, either

    • Amanda Thomas

      Dear Michael, I am sorry but the only option really is a group of you to join together and take the legal route. I agree the Administrator is obviously not going to help. However it may be quicker to rally support for a new change in the next AGM and hope that things are better with a new President. Kind regards.

  • AG

    Hi There. We have a house in an Urb of 97 houses. The president and Administrators have been in place for a number of years from what i see. We only bought recently. But there seems to be a lot of issues. The pool cleaners are not doing their job and no one is following them up. The Administrators only hold the AGM off season so there are very few actual attendees with lots of proxies. There is apathy among some owners and they give the proxy to the administrator or president.
    1 – We want to hold an online AGM. Has the law changed to allow us to do this?
    2 – If we wan to hold an earlier AGM can we insist that the Administrator does this? How many people are needed for this?
    3 – can we remove the Administrators?

    Thanks

    • Amanda Thomas

      Dear Adrian, There is no change in the Law, and for the online AGM, the Community needs to agrees this.To celebrate an Extraordinary General Meeting, a ¼ of the owners needs to asked about this meeting.Yes, an Administrator can be removed with the votes of the majority of the owners attending the meeting. With kind regards.

  • Catherine W

    Hi there. We are part of an ungated community of 317 houses. The president is proposing to make the community gated at a one off cost of roughly 500 euros per house, plus an increase in the annual community charge for maintenance. These charges would apply to everyone belonging to the community including those living on the main roads, who will not benefit in any way from having gates if the vote goes through. Most of the owners live abroad and are submitting their votes via an online form, which we suspect may have been tampered with and are not being received by the administartion. Can the house on the main roads refuse to pay towards the costs and Is there anything we can do about the voting?

    • Amanda Thomas

      Dear Catherine, we think you should talk to the Administrators about your concerns but there should not be an issue with the online forms, which are quite standard, and the Community will then vote, with kind regards

  • Dave Eland

    Hi. Great site read every comment and answer.
    Our president in a block of 110 apartments is very I’ll and his been unable to carry out any of his obligations as president. We are now in a situation where his wife e has taken on the role and wont include our two vice presidents. What should we do?

    • Amanda Thomas

      Dear Dave, Thank you and I am sorry to hear that. You need to take this up with the Administrators, this is exactly what Vice Presidents are for. Kind regards

  • Andrew Deakin

    Hi, A resident has approached our administrator for approval to cover their bedroom terrace with a glass screen. the administrators have sent an email out to owners saying that if no one sends a reply objecting to the proposal they would grant temporary permission it would then need to be voted upon at the AGM for approval. I have asked a question what is the outcome if for any reason the proposal was voted against at the AGM would the owner be forced to remove the works at his own cost. I have been advised if it is not approved at our AGM it would not be denied but held in suspense and voted upon at the following AGM.
    Is this legal and should they have consulted the president first.
    Look forward to your response.

    • Amanda Thomas

      Hi Andrew,

      The solicitor said “If the neighbour asked formally to the Administrator it should be fine. But you can answer that administrator’s email to inform if you don’t want to allow this action to wait to vote in the General Meeting.” With kind regards

  • Rondel

    We are being asked by our community president to attain a tourist licence, we do not advertise our property and only rent it to friends / families of the community, do we need to have a tourist license? We are in the Valencia region.

    • Nicola Ryan

      Thank you for your enquiry Rondel,

      If you are “renting” the property out and receiving money for this, you need a tourist licence.

      Should you need assistance with the tourist licence, please do not hesitate to contact us.
      Kind regards
      Nicola

  • Michael

    A neighbour has extended into their galleria and installed a plastic roof over their galleria and my mums directing their rainwater into my mum’s galleria. In a severe rain, my mum’s drain cannot cope with the excess water as a result of the neighbours roof directing rainwater into her galleria. Is this legal?
    Permission was not given for the extension into the galleria or the installation of the plastic protruding roof. Is this legal?

    • Nicola Ryan

      Thank you for your enquiry Michael,

      We would recommend, firstly speaking with the neighbour to explain the problem. If possible show them pictures or videos of the problem when it rains. If this can not be resolved, you can discuss this with the president or the Administrators. We hope this helps.

      Kind regards
      Nicola

  • Kenny

    Hi, thanks for providing such a useful website. I have a question about community rules and how to enforce them. If they are agreed by majority vote at AGM/EGM and owners also agree that the community can impose fines for broken rules, can these be enforced? Without penalties, the rules seem pointless as the worst culprits just ignore them. Thanks.

    • Amanda Thomas

      Dear Kenny, You would need to talk with your Administrators about this issue, Kind regards.

  • L iesbeth

    Hi, I was wondering if a president can decide on his own on spendings that are not foreseen in the agreed budget? Is there perhaps a certain amount the president can decide for himself without the approval of the HOO? Thank you very much.

    • Amanda Thomas

      Good morning, You should ask the Administrators this question, Kind regards

  • Andre Jones

    When a vote is conducted at an AGM or EGM for permission to be granted by the community of owners for an owner’s construction, is it decided by a unanimous or majority vote? Can it be thrown out by just one owner’s objection?

    • Amanda Thomas

      Dear Andre, You need to refer to your Administrators and the rules of your Community, With kind regards

  • John Wallace

    Couple of questions please. Firstly, can the President dictate the height of a gate on my property, if within the legal height requirements of the local area? Secondly, what happens if the President is not spending on general maintenance, the apartment block sinks into disrepair, while building up funds for some big project, that he has not shared with other residents?

    • Amanda Thomas

      Dear John, You need to speak with the Administrators about these aspects, but heights of gates will be within the Community rules I believe. With kind regards.

  • Alan Burgess

    Is there a specified duration a president holds the position. On our complex an AGM is held every year but elections are only every two years. Is there law or is it up the the complex owners to decide

    • Amanda Thomas

      Dear Alan, By law, the President is for one year and can be renewed for a further year/s. The AGAM should be each year to confirm this and other matters. Kind regards

  • Philips

    Hello, on the agenda for the next agm in March is the renovation of the swimming pool. According to the invitation, renewing the pool would cost (about) 160,000 euros. It could be less but also more). According to the invitation, we as owners can only decide on which way to pay. So we would not be able to judge whether we want the renovation or not. What conditions should the president meet to proceed with a renewal? Is e.g. 1 (preliminary) offer sufficient or should more offers be presented? Do we as owners have no rights at all to judge whether we want the renewal or not? Can the renewal thus be pushed through without the approval of the owners? Thank you very much in advance for your answ

    • Amanda Thomas

      Good morning, To renovate the pool, the agreement of the majority of the owners is required. We don’t know if this has already been approved in previous meetings or it is what will be voted on in the next meeting, along with the budget for the work.Regarding the budget, it is not mandatory to report more than one, but it is advisable so that the owners can compare. Even if the pool repair has been approved, the budget choice must also be approved by the majority of homeowners. With kind regards.

  • PETER AYLING

    Do you need to be physically present at an AGM to be voted onto the Committee ? There is no reference to this in the statutes but it is my understanding that you have to be physically present under Horizontal Law. is this correct?
    Many thanks, Pete

    • Amanda Thomas

      Dear Peter, No, you can delegate your vote to a neighbor, president… so it is not necessary to be physically present at the General Meeting for this. With kind regards.

  • Chaya Parmessur

    Hello!it is great that you have this site. I was President of our urbanisation for 3 years until I resigned last year and the Vice President is now president. She does not follow rules. I had included an emergency reserve in our budget of €5000 that was used to fix pumps breaking etc. At the last AGM, they increased that sum to €7000. Then they had under “any other business” a proposal to change our gate access system (which works fine). No information was shared prior to the AGM and it was not proposed as an item to be voted on. At the AGM they proposed a solution where the gate will be opened by an application on our phones and our intercom system that is working will be disabled.
    There were 5 attendees at the AGM with 9 proxies (we are 20 houses). They voted for this and are saying they had majority. But we cannot understand how those giving the proxies knew what they were giving the proxy to vote on as this item was not listed on the items to vote on and not included in the budget.
    they are saying they were advised that this is ok by the administrator. Do we just have to accept this or are we right in saying there was lack of transparency and the President misled the owners by not telling us what was being proposed and then taking a vote on it without prior notice?
    Look forward to your reply.

    • Amanda Thomas

      Dear Chaya, For the administrator and the president to carry out repairs or carry out any action with the Community’s money without prior notice, that action must be because there is something dangerous and urgent to fix, that compromises the safety of the owners.

      Otherwise, everything that involves a payment by the community must be approved at the general meeting, with the majorities established by law for each case. Voting can be by delegated vote and the issues to be voted on must be previously included in the agenda. With kind regards

  • Rob

    Hi, I’m an homeowner on an urbanisation, and I recently read in the monthly minutes regarding a handful of owners that owe community fees. They have said that they would like to thank the other owners who have paid their fees, whereas they could be spending their time on more value added activities. My concern is that, is this an unethical statement to make and I believe to be prejudicial and directly singling out the few residents that are owing fees, which can cause animosity with residents…are the committee allowed to make this statement?

    • Nicola Ryan

      Morning Rob,

      This would be a question for the administrators, we hope this helps.

      Nicola

  • Tony Andrews

    Can a president decide, without presenting a budget or having a vote at the AGM, to enter in to a 3 year contract for the new installation of fibre broadband for the entire urbanisation at a cost of 50.000€ per year? Can the same president also decide to install urbanisation wide CCTV without presenting a budget or having a vote at the AGM?

    • Amanda Thomas

      Dear Tony, No, it needs to be voted at the AGM. Kind regards

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