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.

 

Animals

 

Officials

 

Debtors

 

Alterations

 

Children

 

Meetings

 

Finances

 

Community

 

135 Comments

  1. Can you advise the relationship between the Spanish Laws if horizontal division and a Community’s own Statutes and Resolutions. In our community there is clearly a conflict in some the provisions and it would be useful to know which takes precedence. My reading of the statutes suggests that local planning laws have precedence but that all other civil laws are subsidiary

  2. Author

    The law always takes precedence over and is never is never subsidiary to internal rules. If there is a genuine conflict with Statutes then I recommend you speak to the administrator who will determine the best way to proceed, either with or without qualified legal help. If it’s internal rules, however, then they are not a real issue … they can be changed, or ignored, if they’re in conflict with the law.

    One area where this is clearly demonstrated, for example, is communities which pass a resolution fully legally within an AGM setting which sets an internal rule that bans animals. This is against the law because it unconstitutionally restricts an individual’s right to own an animal. The rule doesn’t need to be officially lifted or scrapped because it was never legal to begin with so members of the community can ignore it with impunity. It just seems rather silly for a community to pass such rules but this does happen quite frequently.

  3. Our community has unfortunately recently become divided into two groups that seem to be at war and seem to be badly behaving and equally intent on disrupting the community. Our recent AGM meeting lasted 8 hours and never even managed to agree on a President, that was the last vote we had and was not a ‘double majority’??, they said about going to ‘jucio equility’?? and then the existing president stopped the meeting as everyone was basically too tired to continue. Also many people had obviously gone home from the meeting by then and it was only half way through the agenda.
    Since then I have heard nothing just loads of rumors and allegations. The president isn’t here now. What happens if a AGM is stopped like that, should it be continued at another time? No one here seems to know.

  4. Author

    If your AGM failed to elect a president and/or there was an inconclusive vote, the only solution will be recourse to the Courts. This will take years and costs thousands. It is tragic when a community forces itself into a situation where the only option is self harm, but I have no solution other than the Courts when such is the case.

  5. Are there any statutory regulations regarding maximum occupancy levels on community complex apartments ?

  6. Author

    Yes, the council will be able to clarify any local bylaws that might be additionally relevant but usually maximum occupancy levels can be worked out by bedrooms (as determined by description in the escritura regardless of any alterations) … i.e. two double rooms, occupancy level 4, etc. I believe that the specific formula is classified by square metreage as determined by regional autonomous Governments.

  7. What did Pat mean by a “double majority”?

  8. Author

    I took it as a majority with both the ways of counting the votes (per head and per quota).

  9. Great site, thanks for your contribution. If an owner of an apartment in a complex wishes to rent unused communal space (grounds) next to their apartment, does this require 100% or 3/5ths agreement? I would have thought that this constitutes removal of communal space and thus affects the statutes and needs 100%?

  10. Thanks Janet.

  11. Author

    Your administrator will need to confirm percentages required for any particular vote, and whether it is actually possible for one owner to rent anything belonging to the entire community, which I would doubt.

  12. Good evening Janet,
    We have a problem with our next door owner, he has a leak coming from his bathroom through into our bedroom. We arrived here in fuerteventura 2 weeks ago and the wall was ok, last week we found the wall wet and bubbled and some of the bubbles have burst and there is like fury fungus coming out of it. We contacted the owner who is in England at the moment to inform him and asked for his insurance details. He is refusing to give any details and has said he would deal with it when he comes out later in the year. This is no good to us as the wall is becoming worse every day.
    We have contacted our insurance only to be told that he will have to make the claim with his insurance.
    We are no longer in contact with the owner as he keeps sending abusive messages to us so we will not reply to him. We are getting nowhere with the situation and would be great full if you can advise us what we can do to resolve the matter.
    At the moment he has holiday renter in and we can’t turn his water off to stop the leak, actually we are a residential complex so he really shouldn’t be renting.
    Kind Regards.

  13. Author

    Your claim is with your own insurance company, and it is no good for them to say that “he will have to make the claim”. They must chase him for you, it is not for you to do it. You pay a premium for an insurance policy which you now want to claim on. Your insurers should pay out and it is then their problem to recoup the money. If you have further problems with them, get a lawyer to write to them.

  14. most communitys have an insurance that will sort this out without involving your respective insurance companies. it saves a lot of messing around.

  15. could you tell me how we can change the president of our community as he will not resign

  16. Author

    As I explain in several answers above, the election of a president must be on the agenda for every annual general meeting. There is no question that a president can just continue without being re-elected annually. As to getting a president to resign in the middle of his term, you would need to call an EGM with this as the single item on the agenda (the requirements and procedure for this are also explained above).

  17. Hi Janet , for an AGM/EGM that is called can Proxy votes be sent by email rather than normal mail which is very unreliable here?
    Does the owner sign the Proxy form , scan and send it by email and that is accepted by administrator?

  18. Author

    It depends on the administrator. I have known some accept email confirmation while others refuse to let anyone into the room without a printed out form that they’ve designed themselves which is signed and in duplicate and notified by email to the administrator in advance. For security, every owner needs to check with their administrator what they’ll accept … there is absolutely no requirement for anything other than a simple email but some impose their own requirements and it’s always a shame when owners come across an administrator who makes rules that are neither clear nor notified in advance.

  19. Hello Janet,
    I live on a residential complex in Tenerife. Is it legal for me to fit a video doorbell at my door. This will help me to monitor visitors and prevent vandalism, but the camera view would also cover the pathway that I share with my neighbour. The Ring model that I am considering, stores date to the cloud, that I can access if I have any issues.

  20. Author

    This requires up-to-date data protection information and you need to check this with your administrator, I’m afraid.

  21. We are a community of 27 detached houses, situated in 3 rows of 9. 1 row ie 9 properties, share no common parts at all, nothing. They are on a public road, which is maintained by the local ayuntamiento. The remaining 18 share a private no through road, lighting and post boxes. Is it illegal for the community to vote to say that only the 18 houses that share the common facilities need pay community fees? Ideally these 9 should never have been included in the community originally.

  22. Author

    This is a technicality that you should be getting qualified legal help on, or at least seeking information from a qualified administrator. I’m sorry but I can’t help with what is legally viable in this case.

  23. Janet, I am looking for information with regard to Community Swimming Pool legislation, the link on your website indicates that this reference cannot be found, are you able to provide me with some guidance or direct me another site

  24. Author

    The link does actually work. The problem is Google paranoia and unless sites have a padlock symbol and a security certificate, Google classes them as not safe … and seems actively to make them unreachable. Unfortunately all the Canarian Government’s websites are lacking the certificate but they are perfectly safe! The answer is to remove the “https://” from the website URL. I’ve got the same “not found” message from the link but one that prefix is removed it works fine.

  25. I am looking for information about setting up a repeater to strengthen the WiFi signal I use.

    Has someone done this manually as I have no access to the router to do it via WPS knob?

    It all runs through our community office who gives out the tickets with a password.

  26. It’s highly unlikely you can get a better signal without physical access to the router. Most extenders work by connecting one device to the router via an Ethernet cable and then use WiFi, Ethernet, or electrical sockets to extend the signal to a second device. Without access nothing will improve a poor signal.

  27. Ok, was just a thought as I look at the internet connection on the roof and have such a job trying to stream from the living room. I tend to hang half over the balcony! I had heard you could do it vi WiFi. Never mind.

  28. Judith , as an aside , we have a community internet that is run through our Co-Ax Tv cable to individual apartments to your own personal router(which you purchase) .
    The Community picks up the cost of the Internet supply & equipement .
    It works well with speeds of around 40Mbs .
    We also have a WIFI system with password which is very slow and has many blind spots .

  29. hi janet can a community hire a resident of that community to be a maintenance man thanks

  30. Author

    yes, if he can be employed legally. A community is not required not to employ someone just on the grounds they live in the community.

  31. Janet if I buy a secure garage on a residential complex and do not own an apartment would I be able to attend the AGM and vote.

    Would I also be allowed an opinion at meetings abeit that I am not an apartment owner.

    Thanks in advance.

  32. Author

    yes because you are an owner of part of the comunidad.

  33. Am I correct in saying that an owner of only a garage space or a local, I.e. not an apartment owner, is not allowed to vote in any item not affecting it, e.g decisions about the swimming pool.

  34. If you own a garage, you are required to pay your share of the community fees as determined by your cuota as laid down in the Master Escritura This “cuota”also determines your voting rights at general meetings. Hope that helps.

  35. Author

    no, not correct Home from Home. As Meldrew says, you have a cuota payment and that entitles you to vote according to your quota in the community … and so in any general meeting concerning any aspect of the community.

  36. The President and some members of our comunidad committee have held a meeting with our administrator. The President is refusing to issue a copy of any minutes to some owners. Can he do this?

  37. Author

    yes, the community is entitled to minutes of general meetings but not otherwise.

  38. can private owners on a community run complex be made to pay for cosmetic upgrades which the majority of business owners have voted for. These include doors, patio windows, electrical upgrade, balcony screens. we pay a community charge every month which the new holding company have increased by some 70% in the last year, and now they are saying that each private owner will have in the region of 6000 euros each to find for other upgrades (non of which will be internal). All of the non-privately owned units have been completely stripped and are being refurbished.

  39. Author

    Well, a “holding company” or any other business cannot determine community fees in any shape or form let alone arbitrarily increase them. They are determined by whatever the community decides as a community at general community meetings. Each owner’s quota then determines the percentage they pay. No-one can “be made to pay” … the community agrees what is to be paid by community members, which are all the owners – of all premises whether commercial/business or residential/private.

    As to the €6,000, that sounds like a derrama but that again is a community-made decision. You seem to be confused about someone or some organization imposing a charge on you. This is not how communities work. It might help if you look at the Finance section above, which has questions on both how community funding is arranged and about derramas.

  40. But what if those committee minutes contain information/facts that all owners should be aware of?
    Surely Committee members aren’t entitled to be in possession of more facts/knowledge than any other Comunidad owner?

  41. If I glass in my balcony do I still have to keep the walls the uniform external community colour?

  42. Author

    Committees have no legal status, as explained above in the section on Officials. Any facts that need to go to the whole community must be disseminated through a general meeting.

  43. Author

    Yes, the outside must conform to community regulation schemes of colour and design in all respects at all times.

  44. Hi Janet, we have bought an apartment in Tenerife last June.Could i ask who sets out the comunity fee and what should be covered.We pay our thourogh and agent, direct debit each month. We have noticed that the last couple of no the we have be debated twice or even 3 times in some months

  45. Author

    That’s answered above in various sections, eg the question “Who establishes how much the community fees are and on what grounds?” in the Finances section. There are others. The community decides between proposed budgets at a general meeting (required every AGM after the previous year’s accounts are approved) and the budget that’s chosen is then divided between owners according to their quota. I’m afraid that I don’t know what your last sentence means.

  46. Janet, Thanks for responding. Just so I’m clear on this. Even though I have glassed in the balcony those walls now on the inside must remain the same community colour as the external walls. I will have to re think my soft furnishings.

  47. Author

    if the walls are on the “inside” then the rules won’t apply … presumably this was all agreed with the community when you got the agreement from the community, based on an obra menor licence from the council?

  48. Janet, put that stirring stick down.

  49. Author

    I know it must look like that but it’s a genuine answer because the look of the thing will indeed be part of the permissions procedure for the design. If those haven’t been followed or applied for, the internal colour of the walls will be the least of the problems!

  50. ‘‘Twas a joke 😁😂🤣

  51. Author

    yeah, I know! 😀

  52. We have an owner who has added extra rooms in their “Sotano” without permission from the owners and without a valid licence. They claim it’s all legal and that they have had their escritura changed to reflect the new rooms/changes.
    Can they change their escritura without the corresponding change on the Master Escritura?

  53. Author

    No. It’s that simple. All works need an obra licence plus community permission, and regardless of any changes actually carried out, the property’s Escritura remains as it was to begin with – the description of the property does not change. And no changes in an individual property would affect the Statutes (which is what I presume you mean by Master Escritura).

    I don’t know, either, what you mean by you have an owner who has done works without permission from the owner … :/

  54. Janet, is there any way I can find out if a bar on my complex has the necessary licences for opening- bar, tv/recorded music, live music, food handling certificates, etc.

  55. Author

    Local council … just ask the planning department.

  56. Thanks!

  57. How does a complex change its licence from touristic to residential please?

  58. Author

    Please see the question above in the Alterations section where I explain how a community might go about changing from residential to touristic. I’m not sure if it’s possible in reverse but if it is, it will be under very similar conditions. You will need to confirm with a qualified professional, either an administrator or lawyer.

  59. Janet, this is a follow on from my question to you on 1st June concerning having the right to be involved in discussions and voting on matters concerning the community at an AGM…given that I own just a garage and not an apartment.

    Your answer to my question was clear and understood that I do have the right to discuss and vote in community affairs because I am an owner of part of the comunidad.

    My follow on question is, given my situation can I be proposed and seconded to become a committee member at an AGM.

  60. Author

    yes you are an owner within the community. The same principle applies! Bear in mind that committees are “informal” anyway, and there is no legal recognition of the office.

  61. Hello
    Can a community president ask a community member to represent him (Only in what has to do with internal rules) when he has to leave for +- 10 days?
    Thank you.

  62. Author

    A community would normally have a Vice President who would be the automatic stand-in for an absent President but if there is no VP, then I don’t see why a President can’t nominate a deputy. There might be one or two legal loopholes to go through for confirmation if the substitution is for a legal purpose like Court action.

  63. Janet, is there any way that I could find out the purchase price paid for a property which was bought off plan over 30 years ago.

  64. Author

    It might be possible if the current owner was the original buyer because the price will be in the escritura, but really, it is not really a buyer’s business what vendors paid for the property when they themselves bought it.

  65. I live on the Costa Blanca. Our community are proposing a children’s play area in front of of our property. We are on an urbanisation with 86 properties. This will ruin our view and also be very noisy. What rights do we have? What percentage of owners have to agree to this. Thank you

  66. Author

    You will need to check with your administrator who will not only be qualified to answer as far as percentages required for a vote, but also and more importantly, be up to speed on local bylaws and planning regulations. I’m afraid I cannot answer from the Canaries.

  67. Who is responsible for the water leak between the water meter and the stopcock in the property, the house owner or the community.

  68. Author

    It depends on the specific situation, and boundaries of common areas and private units. Your administrator will be able to clarify with certainty based on the particular circumstances.

  69. Ok many thanks for your response

  70. Hi Janet
    My admin are stating the leak is my side of the meter, , and they say i am responsible.
    However the leak occurs before it enters my property some where between the water meter and my stopcock. The water meter is situated two houses away from my property, so my pipe is under common ground. Am I right in thinking it is therefore the communities responsibility .
    Many thanks

  71. Author

    No, you’re not right, or at least not necessarily right. As I said to you in my last reply, your administrator will know the correct situation in detail because they have full access to all the information they need to determine the answer. If you seriously disagree with the administrator’s answer I would recommend you consult a lawyer and take your escritura and any documentation showing your water supply with you to the appointment.

  72. if you are a debtor on a complex are you still allowed to use the facilities ie pools thank you

  73. Author

    It depends. As explained above in the answers to the first two questions in the sections “Debtors”, the only thing community debtors can’t do is vote, but as the second answer explains, if a community’s Statutes say that debtors can be deprived of their rights to non-essential communal facilites, e.g. swimming pool or tennis court, they can be prevented.

  74. Thank you, Janet, No there is nothing in the statutes

  75. I Janet we have a social club on our community,it has been closed down by the police.
    The tennant got all the licenses from the town hall but two people have complained,the mayor now says that no monies can be payed for food or drink.
    The tennant has spent a lot of money getting it opened and now it’s closed indefinitely,the mayor says it can only be used by the owners who can take there own food and drink in.
    This is the third time this has happened thanks

  76. Author

    I’m not sure what I can say about this if the police and Ayuntamiento have already taken action! If they say it has to close or can’t be opened to the public then that’s the position, and I’m afraid that the expense borne by the tenant really doesn’t impinge on this. Assuming, however, that s/he got qualified legal advice before starting then there should be some recourse from the professional indemnity of whoever was involved.

  77. Hi, Janet, it’s me again lol. The complex I live on as installed electric assess to all our swimming pools and we paid 30 euros for each apartment to get a card this is on top of our community fees. We have now had a letter sent to us that states that if we do not pay our community fees between the 1st and 10th of every quota our cards will be revoked and we will have to pay yet another 30 euro’s to have them reinstated as we pay our fees in advance can the Administrator enforce this, it as never been voted for at an AGM OR EGM and there is nothing in our statues. quite a few of the owners are upset with this as they do not receive their wages or pensions until the middle of the month. We are also in the middle of a court case to have this company and President removed from our complex which is another long story. Is there anything we can do to stop this action as our court case is not until the 29th of January. Thank you. kind regards Marjorie Barnaby

  78. Author

    If the community has not agreed this the administrator cannot arbitrarily impose a deadline for community payments, so no, it cannot be enforced, but I would have thought that with the situation in Court as you describe, everything will be pretty much on hold until a judgment is given. Certainly if a resident in the community is suddenly faced with an inability to access communal facilities for which payment has been made with a card also paid for, that is something that should be added to the list of complaints the Court is dealing with.

  79. Hi Janet
    What votes is required regarding approval of accounts at AGM.
    Regards

  80. Author

    As far as I’m aware a simple majority but I have frequently said that I’m not a qualified administrator and voting percentages need to be confirmed by someone with professional knowledge in the field.

  81. Hi, I am Presidente of our urbanisation. One of our residents keeps inviting friends and family to use the communal pool. Last Sunday it numbered 22 standing around chatting in the pool. Residents are complaining that this large number of non residents is stopping them from using their own pool. The resident in question lives in a house locally and admits to buying the 2 bedroomed apartment in order to gain access to the pool. Can we limit the number of friends etc that they are allowed to accompany them into our communal areas/pool. We believe that they are abusing our community. Thanks

  82. Author

    My understanding is that owners can bring friends but not an infinite number. The number limit is not defined, so it would make sense in this case to vote on this at an AGM because at least to some this will be a clear case of abuse. The administrator should be aware of any specific issues in your own particular community that might affect the legal position.

  83. Hi Janet , my Administrator has given out my eMail adress to another owner without my permission – isn’t that against Data Protection Act/GDPR ?

  84. Author

    most certainly is … though what you would do about it is another matter.

  85. Author

    yes, and you can contact the Asociación de Presidentes de comunidades y administradores de fincas HERE to see what options you have. (security cert alert … remove the s from the https … ).

  86. Is it necessary to have a toilet for the disabled on a Residential complex?

  87. Author

    As the law is now, there must be toilet and washing facilities at all pools, and disabled access to them from the front gate. That does not necessarily mean they have to be dedicated disabled facilities, simply usable by them. Your administrator will have to confirm any specific conditions that apply in your community.

  88. Hello Janet
    This is a very interesting and informative site.
    Would you be able to tell me the extent of a president’s powers? Some of our owners are saying that the president is all-powerful. I certainly hope not and can’t find anything to substantiate that in either the LPH or Statutes.

  89. Author

    Well I think the information is above, so if you have a look at the questions in the section on Officials, particularly the last two, hopefully they’ll explain. Most often, though, questions such as yours come from a particular perspective, so if you explain what it is you are concerned about I’ll be able to answer more specifically.

  90. Thank you, Janet. I had already read everything above and you are correct in your thinking. During the year, our president makes all decisions without consulting anyone. He usually stays within budget but not in the last financial year and also far exceeded what was agreed at the AGM in a particular exercise. Some owners want to put points on the agenda for the AGM and the administrator, after discussion with him, is refusing to put them on and says they can be discussed under existing headings and that it is his for him to decide what goes into the agenda but they will be swept away. That seems to me to entirely contravene Art 16, Para 2 of the LPH, Also, I can see nothing anywhere in it or the Estatutos, which look quite standard and would have been prepared by the developer, to say that he has power that can’t be questioned but that is how he is acting. I would be grateful if you could point me to any part that states that. I am probably asking far too much, sorry,

  91. Author

    The administrator cannot refuse to put items on the agenda. Any owner can make such a request, and it is not the president’s decision what goes on the agenda or does not. I would get together with other like-minded owners and speak to your administrator, and if necessary seek advice from a lawyer or another qualified administrator as to how best to proceed.

  92. Thanks Janet
    Do you have any opinions on my question about the extent of the president’s power? The LPH talks about him representing, not ruling the community, I have spoken to our administrator who says I am entirely wrong and all lawyers and courts will agree with her that he can make all the decisions and that he does not exceed the authority given to him at the AGM. My real question is maybe: who is the principal organ of government, the community at the AGM or the president? You will be sending me off to consult a lawyer, I’m sure,

  93. Author

    The community is the principal and only organ of Government. And yes, you need to see a qualified lawyer or administrator, as I suggested in my last reply.

  94. Advice needed

    When you do work on your own property in a complex i know i need a obra menor (minor works) licence from the local ayuntamiento but what if the complex decide the want to install a light and need to do major works to install a simple cable breaking down walls ect do they need a licence?the noise and dust came without warn right infront of our place.And to top it off the also come to work at 11:30pm at night

  95. Author

    Two things, first yes of course they need a licence – any works officially need a licence from the town hall. In practice these are often not applied for, especially if the work is not visible, but that is the requirement. As to works at 11.30pm, this is surely in breach of you community’s internal rules which will require peace and quiet after around 10pm or so.

  96. hi janet could you tell me if the community ban undesirable non residents entering a private complex to visit to visit a friend that live on our complex

  97. Author

    no, any resident is allowed a visitor.

  98. Hi Janet
    I have an ongoing problem with a riser waste pipe continually blocking and I am not sure if the community are responsible for clearing it or not. I am on the ground floor. The apartment above mine when it is occupied are putting wipes etc., in the system which blocks up the pipes. I have been paying to have this cleared or clearing it myself on a regular basis (4 times this week alone). There are four apartments connected to the riser pipe and just two of the apartments are occupied at present including mine. The president had agreed to do this in future as it is obvious that the problem is not of my own making. However the administrator has said that it is my responsibility. Can you advise who is responsible for clearing a shared riser pipe inside and outside the building?

  99. Author

    Hi Eddie, In principle, if the problem is on your freehold then it’s your problem but clearly this sounds unreasonable given the situation you desribe. As such, the best I can suggest is to organize a meeting with the president and a private plumber together with the administrator. Without knowing the internal geography of your community and the specifics of the plumbing arrangements, I can’t comment but getting heads together on site often produces solutions.

  100. This is very similar to the problems with drainage that caused many arguments over many years in the UK. i.e everyone on a shared outlet was responsible, but getting others to pay a share didn’t work, So now the freeholder is responsible only for the portion before it becomes shared. Once shared it is now the responsibility of the waste water company. So sensibly the same should apply, but substitute waste water company for community.

  101. My community has a jacuzzi which needs replacing, some people wish to remove the feature, what percentage vote is needed to remove this and replace it with a cheaper alternative?

  102. Author

    I don’t know. As I’ve often said, detailed questions about specific percentages need to be answered by qualified administrators. Apologies.

  103. Hello. Could someone please help with what is needed to remove a non-bearing wall in an apartment? Are any permits necessary to do this from communidad or ayuntamento, and how they are obtained and in what form? Or, since it is inside, nothing is necessary from authorities? Thank you very much.

  104. Author

    yes, as explained above, any works require a council licence, even though you don’t need permission from the community for non-external works … and assuming as you say that it is not load-bearing and so has no structural implications. For the “licencia de obra menor” (minor works licence) you apply direct to the council, though I have to say that I don’t know many who would do it given that no-one would see anything.

  105. Hi Janet
    On a friends complex the AGM was adjourned after about 12 hours for a direction from a Judge. The AGM is due to resume shortly but owners have been told that only those who were present at the end of the AGM can attend. Owners who gave their proxies to others have been told they cannot attend even just to sit in on the meeting and those who were out of the Country at the time but are back now have been told they cannot attend. I dont believe this is correct but they have a very difficult President who has an equally difficult lawyer. I thought any owner could attend although those who gave their proxies to others wouldnt be able to vote.

  106. Author

    I can’t comment on this when Courts and lawyers are already involved and in possession of details to which I’m not party. I simply don’t and can’t know.

  107. Our terraces/balconies are defined as communal property in our statutes. For the last 30 years owners have dutifully repaired their own terraces/balconies where necessary and at considerable expense. Last year a Spanish resident pointed this out to the administrators. He refused to repair his terrace. This prompted a discussion at the AGM to include terraces in the future Roofing maintenance programme/budget.

    1) The proposal to do this wasn’t included in the orginal AGM agenda. It was proposed on the day at the AGM.

    2) The committee are now saying that owners who paid for their repairs in the past cannot make any claim on the Comunidad.

    Help?

  108. Author

    You need to see a lawyer, because no resolutions can be passed that haven’t been included in the AGM. There is no such thing, in Spain, as “any other business” at the end of a meeting. That same section in a Spanish meeting is “questions and answers”, and no substantive issues can be discussed, nor any motions passed. As such, I would think the proposal was constitutionally invalid if the community has acted upon it. As to those owners who have previously paid, that is a legal question that requires an answer from a qualified professional.

  109. Hi Janet
    I have asked the administrator or our community for a copy of the master escitura to establish how community fees should be split … basically garage owners are paying nothing yet have free electricity, lighting and cause damage to the community flooring, which apartment owners then have to fund the repair of. The administrator have advised that they gave a copy to the then President (some 30+ years ago) and that they have only got ‘a part copy of the deeds of horizontal division’. Can you suggest a way forward to get information regarding whether garage owners should pay and if so how much?
    Fond Regards

  110. Author

    I’m afraid this is something you need to check with a lawyer. You need qualified professional advice about things like Statutes, quota payments, etc. Apologies.

  111. Hi Janet

    At our upcoming AGM I know the re-election of the administrator is going to be quite contentious. Many residents are fed up with them and what appears their lack of interest in looking after our interests. I suspect the voting will be tight but I see the administrator has been given a fair number of proxy votes

    Can they use them to vote themselves for re-election. It’s a clear conflict of interest but is it lawful?

  112. Author

    Yes, if they are the proxy holders they can vote as they see fit, which is why I personally would never give such an “interested party” a proxy vote of mine.

  113. Noisy and fighting cats on a complex.

    Hi Janet, we were wondering if you could offer some advice on a cat problem on our complex.

    We have issues with them fighting day and night, often waking us up several times in the night.

    We have reported this to the community president who at this point is saying it’s a civil matter and there is nothing they can do.

    If it’s illegal for pets to roam free in public areas, including community areas in the complex, surely that can’t be the case.

    One of the cats also appears aggressive and dangerous when approached.

    The President says the owner has been spoken to but refuses to accept his cats are responsive, blaming strays that enter the complex and fight with it.

    The President is sympathetic and is as frustrated as we are, a lot of people are affected by this.

    My question is, what can we do about this so something actually gets done.

    Any advise that leads to us getting a good nights sleep would be appreciated.

  114. Author

    I’m afraid the best I can advise is what I’ve said in the question above – first section, second of the two questions. It’s about dogs specifically, but applies equally to cats … any animals, in fact, causing a nuisance. Beyond what I’ve said there, I’m afraid your president is right, because it’s a civil offence not a criminal one, so the only recourse is private legal action: it’s not a “police matter”. If there is no identifable owner to take legal action against, then one option could be to approach the council and ask for the animal catchers to come and deal with the problem.

  115. Hi Janet
    Regarding the cuota on the master escitura. Can this be amended by the community or can only the courts do this? We are currently paying equal amounts (24 apartments) and 12 garage owners pay nothing (some also own apartments) – this has been the case for 19 years that I know of. I’ve never been asked if I would like to pay more/less than is in the cuota. The cuota states a specific % for each apartment and garage (though it’s difficult to ascertain what number belongs to which apartment/garage)
    Thanks

  116. Author

    As I replied to your last question, I’m afraid that matters concerning the Statutes or quota need to be answered by a qualified lawyer or administrator. I’m sorry but this is not something I can advise about.

  117. Hello Janet, If I own a property on two different complexes, and I am on the committee of one of those complexes,
    could this be viewed as a conflict of interest and therefore prevent me from being on the committee of either complex.

    Thanks.

  118. Author

    Not at all. As I’ve said above, anyway, a committee member has no legal status but is merely part of a sub-set of owners helping organize the community day to day.

  119. Thanks Janet.

  120. Janet,

    If an owner on a complex wishes to stand for president at an AGM, does the person need to announce his intentions before the AGM so that owners are made aware and have time to consider who they should vote for.

    Or is it a straightforward AGM collective vote on the day to choose between the person seeking to become president and the sitting president looking to be re-elected.

  121. Author

    Anyone can propose themselves as president but most would not announce it last minute because a certain amount of canvassing is advantageous, and most would want to know the level of support they’d be likely to get. There’s no “legal requirement” for their candidacy to be announced in advance, however, at least not that I’m aware of, nor seen in practice.

  122. Forgive my ignorance on the matter in not knowing the common procedure for AGM elections when they come around.

    After reading your reply, I take it that someone wishing to stand for election as president would announce it at the AGM when appropriate . Then if there are any other people who wish to stand for president a vote will be taken and counted, along with any proxy votes that have been presented and the person with the most votes becomes president.

    My apologises for the long winded question.

  123. Author

    yes, but with respect, the administrator could answer all these questions for you, and it is perhaps preferable and polite to advise them in advance of your intentions.

  124. Point taken.

    Thanks Janet.

  125. Hi Janet
    Our community would like to set up a committee but
    our president will not put our proposal on the agenda
    of our agm and our administrators say that the president
    decides what what goes on the agenda.Is this correct
    regards Martin

  126. Author

    No, anyone can ask for an item to go on the agenda, and the administrator must put it on unless there’s a very good reason (eg a proposal which has already been rejected umpteen times when it was actually on the agenda). Speak again to the administrator, and if you get another refusal, say you will send them a burofax and then take legal action if necessary if they continue to obstruct. Do bear in mind, though, that as I say above, committees have absolutely no legal status.

  127. Hello Janet
    Our President is calling an EGM and he has dictated that he will only allow the one item that he wants dealt with onto the agenda. I understand that some owners would like some other items to be also placed onto the agenda. My question is does the President have the right to refuse the request for other items to be placed onto the EGM agenda.
    Regards – Ken Shade

  128. Author

    yes, the person(s) calling the EGM determine the issue(s) to be discussed at it … all other issues go on the regular AGM. If someone can’t wait for the AGM they themselves can call an EGM with the requisite support.

  129. Hello Janet
    Many thanks for the prompt reply, it confirms what I suspected.
    Regards – Ken Shade

  130. Hi Janet,

    Our complex of 30 duplexes has one water meter for everyone and we share the cost equally.

    For the past three months we have suffered with pressure problems even to the point where we have no water whatsoever and often where there is insufficient pressure to shower. Our washing machine is regularly cutting out as it cannot get sufficient water. There is no time consistency, it’s almost random, but it’s becoming quite intolerable

    Our administrators say they are doing everything possible and raising it with the water supplier who are investigating but I suspect nothing is happening. They say there’s no point my complaining to the water company as their responsibility is only as far as the community. Others here are experiencing the same issues but not to the extent we are (I think we are the furthest from the source)

    Is there a water regulator I can complain to, or do you think they will they be dismissive because of the shared supply? Can I put pressure (sic) on our administrators in some way … I’ve even considered withholding fees but that feels a little extreme but I suspect they aren’t really representing my issues with any real conviction

    As ever thank you for your guidance, it’s very much appreciated

  131. Author

    Your options really are either to ask your administrator to show you what is actually being done, or to call an emergency meeting of the community to discuss the problem. You cannot withhold fees. This is not an “us and them” situation where you can “punish” the administrator or president or community by starving them of your contribution – these fees are payable by community members to their own community so you would only be starving your own self of funds! Moreover, they are a legally required payment and you automatically become a debtor if you withhold them, and lose any control over what happens in the community. I personally would call an EGM anyway to discuss the possibility of arranging the water supply differently for the community.

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