Complexes in Tenerife are mainly (though not solely) governed by the Ley de propiedad horizontal (Law of Horizontal Division), and there are links Spanish and English versions on the Resources page. Below are some of the questions I’m most often asked.
Some questions, such as those concerning the specific percentages required for various votes, need to be answered by qualified administrators. If you don’t already have one, you could consult someone like René Campen of Hestria (website HERE), a generous adviser to this site and a qualified administrator.
Just click on any question or the + at the side to expand it.
Can I have an animal on a complex in Tenerife.
What can we do about an horrendous problem with dog noise? Can we modify the statutes to restrict the numbers of dogs people have? Must they be registered/can they be left unsupervised for hours on end/can people have as many dogs as they like? Is there any legal redress for owners who are disturbed by dogs barking day and night?
Can a president be elected without his/her consent?
Does the committee have any legal status?
Does the administrator have to be a specially qualified person, and if not, how can they learn about the law?
Do the officials (e.g. President), have to be owners, and do they have to live in Tenerife?
Has the President got any authority to sack an administrator who is not doing the job correctly?
The lawyer who represents our community has explained to the community committee that the president is solely liable for decisions made by the community that are found to be incorrect. Is this true?
What do presidents and administrators actually do?
Our President refuses to answer questions from some owners simply because he doesn’t like them, can he do this? / Our president behaves like he owns the complex, surely he has to consult other owners? / Our president is also the administrator and refuses to talk to us about expenses saying he is saving us money, surely we're entitled to know what's going on? (and any number of variations on the same question).
Are community fee debtors precluded not only from voting at the AGM but also from standing for election as officers?
What can a community do about perpetual debtors?
If debtors don't pay, won't they just get away with it when they sell?
Can debtors be named and shamed?
Is it legal to cut off debtors' water and electricity
How long does it take to get a person into the court once they have been denounced and is there a minimum limit to what they would owe a community?
Can debtors be included in the 25% quota that calls for an EGM? I know they can't vote in these meetings but can they be among those who call them?
Can I repair or alter my property as I like as long as it's within my own boundary?/ Can I alter the external appearance of my terrace, or build an extension on it? (and any number of variations on the same question).
What times can workmen make a noise in a complex?
Neighbouring owners have extended their terrace into communal areas / just taken communal land and fenced it in without a permit from the ayuntamiento / without community approval, who can do what about it? / do we need to go to Court? / do we denounce it, and if so to whom? (and any number of variations on the same question).
What happens to owners who carried out illegal works or extensions?
We are thinking of installing an elevator in part of our complex that will only benefit part of the community. Is this possible, and who should pay?
Previously, our complex has not allowed apartments to be used as holiday lets. Now, there is a move afoot by some owners to change this. Under the laws governing common ownership, do they not need the agreement all owners to make such a change of designation
At what age is a child able to use a swimming pool unaccompanied?
The President keeps telling my children off just for playing. They must be allowed to play, surely? Isn't the President harrassing us?
I disagree with the minutes of our last AGM and think they're wrong. No-one is prepared to do anything about this. What can I do?
Our AGM meetings and minutes are only ever in Spanish. Is this the law?
How do I call an Emergency General Meeting?
Must notice be given of AGMs, and if so, how much? What happens if less than the required amount of notice is given?
How much notice must be given for an EGM?
Is there any legal time limit that questions can be put forward to the agenda before an AGM?
I've been told that there's no such thing as 'Any Other Business' in an AGM. This is a normal part of meetings, surely what I've been told is incorrect?
Is there is a time limit after an AGM for the minutes to be signed off' and circulated?
What can we do about multiple owners who can outvote us every time?
We are tenants and the owners want us to vote for them in the AGM but other owners have said we may not be allowed into the meeting. Can you tell me what our position is?
The administrator and President will NOT put anything that we request on the agenda. Can they do this?
Is there a limit to the number of proxy votes a president votes with?
If you give a proxy to someone to vote on your behalf, do they have to vote in accordance with your wishes?
Is it legal to record a meeting of owners?
What course of action can be taken when urgent work needs to be undertaken and there is no money in the community kitty?
Can someone be forced to pay a derrama for community amenities?
I have to pay my derrama in two parts, both of which are expensive. Can’t I negotiate to pay it over longer? Will they class me as a debtor if I don’t pay as they say? I couldn’t attend the meeting where they decided this.
Who establishes how much the community fees are and on what grounds?
How much can the President spend?
What can owners do if after repeated requests over several years, to see the community accounts the requests are ignored?
Do community accounts have to be audited?
Can a president impose a monetary fine on a resident?
What happens when accounts are rejected at an AGM? The committee says they will write to us with the new accounts but will we have to convene an EGM to seek approval of them when they have been re done. Some owners have suggested that in view of this dilemma and the accounts not being approved the community funds have to be frozen. In other words the committee cannot spend any more community money until the accounts are approved. Do you happen to know if this is correct.
Is it a legal requirement under the Horizontal Property Law to have a uniform model for design, colours, etc. in place on a community?
How do you get people to keep quiet and behave properly? Is this a duty that the President performs?
Our president has made the internal rules himself without consulting the community. Should the community not have been consulted?
Our administrators refuse to do any work to supply TV for anyone who isn't Spanish. Can they do this?
Am I allowed access to communual areas such as electric meter rooms, store rooms and pool rooms? Also do I have the right to a key?
Following heavy rain water has leaked from the terrace above into our apartment. Who is responsible for the repair of the leak and of the damaged caused - the owner above or the community?
Who is responsible for the maintenance of the roof.. there is no access. and it is not on the escritura?
If there is a water leak from my property and I'm in the UK, can an official of the community enter my freehold without reference to me? Also can I seek payment from the community for expenses incurred in putting back to normal after repair works carried out in my absence?
What should be in place, or be done, for disabled access to a community?
What are the legal working hours for carrying out work on a complex?