FAQ: Complexes

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

Can I have an animal on a complex in Tenerife.

There is nothing in the Law of Horizontal Division or Spanish Law to prevent anyone having a pet on a complex. I often hear about presidents or complexes that introduce “no animals” rules and the simple fact is that they have no legislative power to introduce such a rule, and cannot enforce it. The only issue for the law is whether an animal is loose, or whether an individual owner puts a “no animals” clause into a rental contract. A community or its officers cannot be above the law and introduce restrictions on owners that private property law does not impose.

Having said that, Spanish law legislates against loose animals in ALL places, and this includes communal areas of complexes. Communities are, moreover, governed by the Law of Horizontal Division which is only ever concerned with owners, so by default, only owners actually have an automatic right to keep pets on complexes: tenants may do so, but only if their contract expressly permits it or, at least, does not prohibit it. A community has no legal right or power to “ban pets”, only the owner of an individual unit in a complex can decide whether or not pets enter that unit. The law does require any pet, however, to be kept on a lead in communal areas, and despite cat owners’ frequent protests, this applies to cats as well as dogs, and both must be chipped and registered (see HERE).

Please note that some dogs are deemed “potentially dangerous”, and specific rules apply to them. Please see HERE.

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?

First of all, the issue is one of disturbance, and the fact it’s caused by animals is to some extent irrelevant. Any nuisance that disturbs other residents is prohibited, and there is neither need nor ability to revise the statutes because there are already clauses in the Law of Horizontal Division that deal with the problem. This is in addition to whatever internal rules your community has (internal rules are different to the LHD and the statutes). So you will already have rules concerning the problem. The problem is enforcement. (Please also see the answer above on dogs in general on complexes).

Whether the dogs are registered, the number of dogs that someone has, the length of time they are left, all of this is nothing to do with the community, I’m afraid. All that concerns the community is the level of disturbance and nuisance caused … unless it’s a case of animal cruelty, which is how a dog left all day on a balcony is likely to be classified. In such a case anyone can and should call the environmental police, which are the Guardia Civil – tel 062 – Seprona unit, and see HERE.

In terms of noise problems that don’t involve cruelty, however, I would stress that sometimes such problems can be very local, between a couple of owners rather than affecting the community at large. Some view such disturbances, perhaps understandably, as a matter for the entire community and so ultimately, therefore, for the president, but they are nothing directly to do with him or her, at least not in the first place. As I say below in answer to the question about what community officials actually do, there is often a belief that presidents somehow police a complex, controlling disturbances and ensuring order, but that is a responsibility of the entire community. The president is simply one owner who is the legal representative of the community in law. All residents have the same status in terms of communal living and so all are “the community’s police” in that respect. If someone is being disturbed, whether by an animal or another resident, the right course of action is to call the Guardia Civil, not go on a hunt for the president and demand that she or he does so instead.

This is a situation that will have the sympathy of many, I suspect, but the main solution will often lie in a community’s residents learning the correct procedure for dealing with disturbance of any kind, which is to treat it as an individual problem to begin with including calling the police if a personal approach fails, and thereafter discussing the matter at a general meeting of the community if there is still no resolution, and that is the point at which it does become an issue for the president. At this point, the last recourse is taking legal action – whether individually or by the community depending on whether the community in general meeting considers it a communal problem.

Please do note that after fruitless personal or direct approaches, which can be made by owners and tenants, at the point that communities have to become involved both tenants with a problem and those complaining about tenant-caused nuisance should continue by involving the owners of the relevant apartments or houses because ultimately it is their responsibility. Communities of owners, by definition, are communities “of owners”.

Officials

Can a president be elected without his/her consent?

Does the committee have any legal status?

No. Every owner on a community is a part of that community, and a committee is simply a mechanism to streamline the management. People frequently ask specifically what the role/legal status is of a vice president, and the answer is that there is none in terms of a vice VP as such. Article 13 of the Law of Horizontal Division says that the election of vice presidents (plural!) is entirely optional, and that the function is to substitute for the president as and when required – so a VP becomes the president under certain circumstances of absence or inability, rather than having a specific role in his/her own right.

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?

No. The replacement of an administrator always has to be the result of a vote at an AGM. If there was gross negligence, however, or other very serious issues, which could be proven legally (and probably with a lawyer’s backing), then an EGM could be called with the replacement as the sole item on the agenda. Other than that, I see little option but to wait for the next AGM and meanwhile, lobby for as many votes as possible – and make sure of proxy votes from absent owners – and put together a strong case at the next AGM. Another important thing in the meantime is to create and maintain a diary of “offences” and incompetence, etc., and make sure this gets to all owners in advance of the meeting – in both English and Spanish.

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?

In law, yes, the president is the figurehead who bears the legal responsibility for the community. This is why the president has to be the one issuing denuncias, for example, or attending court if there is a legal issue. He is the “community in person” in legal terms. In the last few years, specifically since 2013, the personal liability – legally and financially – of presidents has increased significantly, and the association of presidents and administrators recommends that presidents take out liability insurance to safeguard themselves from any action against them for errors and/or omissions (link).

What do presidents and administrators actually do?

Presidents are legal figureheads for communities, and to a large extent that is all they “do”. Often there’s a misconception that presidents are somehow a community’s police, controlling disturbances and ensuring order, but that is a responsibility of the entire community. Administrators, for their part, have the sole function of ensuring the smooth running of the community legally, financially, and in terms of information flow. Both president and administrator can only operate within the law and what they can do is prescribed by decisions of the community as determined by vote at general meetings.

In practice, it’s unworkable if the president is restricted by that, and there’s an understanding that small day-to-day matters can be conducted within having to call a general meeting. HERE is the code of practice for presidents of communities from the website of APAF, the Asociación de Presidentes de Comunidades y Administradores de Fincas (association of presidents and administrators). Over the last few years, specifically since 2013, the personal legal and financial liability of presidents has increased significantly, and the association of presidents and administrators recommends that presidents take out liability insurance to safeguard themselves from any action against them for errors and/or omissions (link). Administrators will usually be registered businesses and so have their own liability insurance.

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).

A community is not a private fiefdom. A community can select a different president and a different and/or separate administrator … in fact this is a vote they have to take at every AGM. You don’t need a court to remove a president or administrator, just a vote an AGM or EGM. If necessary, call an EGM with 25% like-minded other owners. Do bear in mind, though, that it is certainly saving the community money because administrators have fees, sometimes quite considerable ones. As to answering questions, if questions are put at general meetings, officials are obliged to answer them! Beyond that, however, neither president nor administrator is at the community’s beck and call so it’s a matter of judgment as to whether he is being unfairly pressured, or being arrogant. Obviously similar situations will be viewed differently by different people with different perspectives.

Debtors

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?

The agenda of every AGM should have an item authorizing the president to take legal action against defaulters, plus the authorization for him/her to use whatever legal assistance necessary to do this. This then gives the community, via the president as a legal figurehead, a legal route to take action.

There is little that can be done outside this legal route, because debtors have a legal right to use all facilities … unless the statutes say that they can be deprived of their rights to non-essential communal facilites, e.g. swimming pool or tennis court. Increasingly, communities with multiple debtors are changing their statutes to allow such owners to be banned from non-essential facilities.

René of Hestria says that the item is put on the agenda in the following form:

Proposal for the partial modification of the Community Statutes in relation to the use and enjoyment of the common swimming pool. Discussion and agreements to be adopted according to the following proposal:

“Access to and use of the community swimming pool is prohibited for all owners who have debts with the community due to the non-payment of two or more quotas and/or extraordinary payments duly passed by the general meeting, until such a time as the debt is cleared, without prejudice to their responsibility to continue contributing towards the costs incurred due to the said common element.”

Changing the statutes needs a unanimous (100%) vote of the people present in the meeting. Those not present have 30 calendar days after the minutes have been sent out to declare their disagreement to the secretary of the community, without which the resolution is adopted. (Law of Horizontal Division article 17.8).

If debtors don't pay, won't they just get away with it when they sell?

No. Their community fees must be paid up to date or whoever is doing their buyers’ conveyancing won’t be able to get the required certificate from the administrators saying they are not in debt. Their unpaid community fees will be registered as a debt against their properties and will need to be cleared before a sale is notarized. At that point, they will either have to pay them before the notary will allow the sale to go through, or they will be deducted from the purchase price. This assumes that the buyer does not renounce any rights he has to this, which he is legally able to do even though it would be unwise, especially since a new owner is liable for past community debts for the year in which the purchase took place plus the three years prior to that.

Can debtors be named and shamed?

The only time debtors can be announced and publicly displayed is in the call to an AGM, where they and the amount they owe have to be listed in order to determine who has a right to vote at that AGM. AGMs normally coincide with the end of communities’ financial years (different to the Spanish tax year which is always Jan-Dec), and so AGMs are when a community’s financial year closes and its accounts are signed off – inevitably, then, this is the only time that the community can determine who is actually “in arrears” in a legal sense. The list can only be published, in individual communication to owners and on the public notice board, at the call for an AGM. There are many communities, however, who forget to take such notices down so in effect they are they on display the whole year.

Is it legal to cut off debtors' water and electricity

No. These are sacrosanct under the law. They cannot be disconnected, and certainly not as punishment. For what it’s worth, however, I have known an administrator disconnect the water to an apartment which was heavily in debt; apparently there was a problem with “flooding”, and the entire water supply needed to be disconnected for a short while. Everyone who was then up to date with community payments was, of course, immediately reconnected …

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?

Alterations

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).

Any and all alterations or works – even minor internal repairs – need permission from the community plus an obra menor (minor works) licence from the local ayuntamiento. When it involves internal and invisible work, most people don’t get one because the council charges a small percentage of the cost of the works for the licence (check individual councils for specific percentages and particular types of works). Where works are visible, however, or where they will cause obvious disruption or noise, it is always advisable to get a licence to avoid a possible denuncia.

More generally, owners cannot alter the external appearance of their property at all in any case, because that is in breach of the conditions of living in a community dealt with by the Law of Horizontal Division, conditions which owners agree to and confirm by signature in front of the notary as part of signing the escritura to buy the property. That law requires communities to have a uniform model for design, colours, etc. for everything including wall colour, awning fabric and design, fences, etc.

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).

No-one needs to go to court over this sort of issue, at least not as a first resort. Ideally the community, but if necessary an individual owner or group of owners, should just report it to the ayuntamiento. Since the works as described amount to an appropriation of communal property, it is essentially theft, and so cannot have been legal … and so by definition cannot have had a licence from the council. Beyond that, the community needs to decide in a general meeting that it will take legal action to recover its own property from the owner who took it. What other owners cannot do is just invade that appropriated land: they couldn’t step onto the transgressing owner’s private freehold, and in these circumstances, a part of the communal area has been taken and incorporated into a private freehold. As such, it is the subject of a judicial process, and cannot just be invaded.

What happens to owners who carried out illegal works or extensions?

They will be denounced in the first place, normally to the Ayuntamiento for works carried out without a licence. If work continues, or is not restored to original state, then the community as a whole will vote, either at the next AGM or an EGM, for legal proceedings to be initiated. Assuming the resolution for legal action is passed by majority vote, the matter will then move on to the Courts, where the complex President takes the action and deals with the Court proceeding as the legal figurehead for the community.

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?

First of all, the law on lifts in higher buildings is that in blocks of more than 4 floors (not 4 floors or more) a lift must be installed in new constructions, but is not obligatory in older ones where it was not part of the original construction. A community can vote to install one in older buildings with a vote of 60% regardless of number of floors. Having said that, the Law of Horizontal Division allows (requires) the community to carry out works for disabled accessibility purposes. This is therefore not a situation with a clear answer. Some people asking this question have suggested dividing up a community, but this cannot be done: it is what it is, but in the event that a minority wanted a new lift, negotiation would be needed as to both installation cost, and ongoing running expenses. This is best discussed at an AGM.

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

I am assuming that it is a residential complex, and as I said in THIS post a long time ago (scroll to 20 July 2011):

it is in fact possible, within certain constraints, that residential communities could engage in touristic letting. These constraints would make it difficult to achieve, but not necessarily impossible. Providing that a community’s statutes do not expressly prohibit it, and a vote was legally passed by the community and achieved the required percentage, then the community could set up a commercial entity – either an SL company or an Asociación – which would apply for a touristic licence. Any bookings would be through this entity and managed by it as in the case of a touristic complex. Providing that the community complied with every requirement for touristic complexes, the government could not in law refuse to grant a touristic licence. The government could not even drag its feet, because under the Administrative Silence Act, it has six months to respond, or the licence is awarded by default. All this would not necessarily be easy for a community to achieve, but it is theoretically possible.

The required percentage is 100%, and there would inevitably be significant costs involved for the Community to upgrade the complex to meet standards for a licence.

Children

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?

Unfortunately, the fact is that children are generally not allowed to play in a complex. Obviously, if the children are quiet it’s likely that no-one will complain, but the children have no actual rights to play. From the point of view of a complex, those who are disturbed by children are the ones being harassed, not you. Remember that the principal functions of a complex are basically the management of the community and communal areas, and usually, there is no designated play area. Complexes in Spain are not child friendly, which is why so many children in Spanish areas tend to play in play parks.

Meetings

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?

The minutes must be signed by the President, first of all, so if they are not as you remember, this needs to be addressed immediately and challenged with the President when the minutes are received. If you get nowhere and you consider the issue to be important, you will need to take further action. René Campen of community administrators Hestria has supplied THIS to outline the situation and explain the procedures which need to be followed.

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?

Yes, six days. If less than six days notice is given, the meeting is clearly illegal, and it cannot happen, but Spanish law doesn’t set out what happens next when it does occur! You can evidently declare the meeting illegal, but what benefit that will have, perhaps to other owners who are present and want it to proceed, I don’t know. If you are seriously affected by it, then you or a legal representative could turn up and insist that it is not held and postponed until a future date …

How much notice must be given for an EGM?

Article 16.3 of the LPH gives the notice period of “at least 6 days” for an AGM, but for an EGM, says “con la que sea posible para que pueda llegar a conocimiento de todos los interesados”, i.e. with as much notice as necessary to inform anyone concerned. To an English mind, I can well imagine that that sentence would be interpreted as “with as much notice as necessary to allow everyone to make arrangements to be there”, but this is not what it means. The rules are predicated on the assumption that owners live in their properties, so it should be interpreted as “with as much notice as necessary to let everyone know it’s happening”. That could be as little notice as a day. The whole point of an EGM is that it is intended for extraordinary situations, including emergencies, so time is of the essence.

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?

Votes in an AGM are counted two ways – first as quota, but also individually, and in this second vote multiple owners count as just one member of the community along with every other owner. If there is no way of reconciling the two types of votes, then it goes to Court for an independent judgement. I have known many owners group together to take their own lawyer to such meetings to ensure they run as they should, particularly where there are possible conflicting interests in those who are running the meetings.

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?

AGMs and EGMs are general meetings of the Community of Owners – not residents. As such, owners are the only ones who have a right to participate in such meetings. I doubt you’d be physically prevented from attending the meeting but unless an owner makes you a proxy, you would be unable to speak or vote because you are not an owner. With a proxy, however, you become the owner’s voice – and it is irrelevant whether you are a tenant, a friend, or a formal representative of that owner. The owner should find out from the community’s administrator if there’s a particular form they use or whether they will accept a simple email instruction. In either case, they will need to identify themselves and you with full names and NIEs.

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?

The simple answer is that you are giving someone a proxy to vote, and so they become your voice at the meeting, but they can vote as they see fit with your voice. Indeed, things might arise at the meeting of which you could not be aware beforehand, and so restricting someone with a proxy makes no sense anyway. Having said that, since the agenda details in advance the items to be discussed, one could very reasonably expect that someone with a proxy would know how s/he is expected to vote, and given that minutes are distributed after the meeting, both proxy and owner will find the result openly stated so little can be done that’s underhand. There is no legal requirement, however, even if there’s a perceived ethical responsibility.

Finances

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?

The basic rule with a derrama is that the payments are obligatory if they are for improvements or required installations like pool fences. If the amount is more than three cuota payments AND the works are for something other than improvements or required installations, however, then owners can refuse to pay, though they will still be entitled to use any amenities provided as a result of the derrama paid by others. In an obscure way, this rule is intended to facilitate agreement over the amount of any derrama for facilities which might not be desired by all, or required for emergencies.

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.

You can’t really “negotiate”. You have to pay as the community has decided. A derrama is a one-off payment agreed by owners, not imposed on you by a management company or an authority – so who would you negotiate with? It is your fellow owners who have decided this, and they have clearly already decided that it is to be paid in two installments. In this respect there’s no “they” about it: the community is you and your fellow owners. Once a community has determined to raise the money and contribute accordingly, that is a legally binding decision by the owners to impose that official charge on themselves, and so yes, those who don’t pay will be classed as debtors – presumably they will have raised this in the meeting where it was decided. Ultimately, it’s a decision taken by democratic vote, and there will always be results that some don’t like; that’s by the nature of communities or any other democracies. To ensure you have your say, you could always give someone your proxy to vote on your behalf in meetings you can’t attend.

Who establishes how much the community fees are and on what grounds?

How much can the President spend?

Technically, the president can’t spend anything without agreement from an AGM or EGM. In practice, this is unworkable, so it is informally understood that he/she may spend on a day-to-day basis on items essential for the running of the complex, provided these expenditures are of a modest nature. The extent of this freedom is undefined, but 10% is reasonable. Non-urgent and unnessary items are most certainly not included in this figure, and the commissioning of expensive artwork would certainly require prior approval from owners. Unless, of course, a previous AGM has formally agreed such a freedom.

What can owners do if after repeated requests over several years, to see the community accounts the requests are ignored?

Ultimately, they can issue a denuncia because it is a legal obligation for accounts to be supplied … not least in every AGM where their approval is the first item on the agenda. An administrator or president can hardly comply with this legal requirement if the accounts aren’t physically there to be approved! I have also known owners group together to take their own lawyer to such meetings to ensure they run as they should, particularly where there might be possible conflicting interests in those who are running the meetings.

Do community accounts have to be audited?

An administrator is a certified professional, and as such, it is the community itself, which carries out any “auditing” – in the sense that it is understood in the UK. Obviously there are other accountants that a group of community members might employ if they are not satisfied. Remember that all owners have the right to inspect any document pertaining to the community, not just at the AGM. It should be within reason though, and I suspect that monthly spread sheets are unrealistic. Important too, is the fact that any agenda must be sent out in advance to members of the community when the AGM (or EGM) is convoked. The accounts must be appended for prior examination, expressly for owners to satisfy themselves beforehand.

Can a president impose a monetary fine on a resident?

No. A president cannot do this, nor can a community give individual owners an economic sanction for infringing the internal rules or the statutes, as the community has no sanctioning power. I have known communities do this, but I am assured by qualified administrators that a community is not a “legal personality”, and as such can only start court proceedings against an owner and it is up to the judge to decide.

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.

No, the community’s funds cannot be frozen, it would make the community incapable of functioning. Indeed, there will be wages to pay, bills to settle, and only the courts could freeze such accounts. That of course is where your situation will end up if the community cannot agree their final version of the accounts. I am grateful to qualified administrator René Campen of Hestria for the following answer:

Community accounts are normally only rejected by the majority of the owners if there is no faith in the administration anymore. Normally, and in the same meeting, a new administrator will be elected who checks afterwards if nothing illegal or improper happened. If not, the (not approved) accounts will be printed in the minute book and that´s it.

It is something else if for example money is missing or when any other form of fraud comes to light, because than court procedures could be started by the community or by an individual owner (who did not vote in favour at the point: approval of the accounts).

To me it is not clear what the benefit is of doing the accounts again, it is not rocket science and doing them again should come to the same conclusions. What happens often is that a balance is not presented in the meeting and this already makes it impossible (in my point of view) to approve the accounts. However this is something that can be sorted quickly and it is not necessary to do the accounts again.

To come to a conclusion: It is no option to freeze the accounts as here above very well explained by Janet and there is no legal obligation to convoke an extraordinary meeting. However, if it was my community, I would strongly advise the president to convoke an extraordinary meeting to clarify the accounts.

Community

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?

If the nuisance is just to one or two neighbours, it is up to those neighbours to sort it out directly as an issue between neighbours, because each owner is a part of the community. If the disturbance is greater than this, though, then the president should be contacted with a view to organizing police involvement. The fact is, though, that all owners form the community, and it is up to the community as an entity to enforce decent behaviour. This means that any owner can, and should, enforce standards, and is entitled by law to do so – indeed expected by law to do so. The President is not the “complex police”, but a legal figurehead, and ultimately, in the worst cases, the Courts can deprive a nuisance owner of the use of his/her own property for up to three years: if the culprit is a tenant, the Courts can summarily evict the tenant and overturn any rights s/he may have by meas of a contract.

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?

No. The electric room is not actually community property as such, but is private to Unelco. Same applies to the telephone room, which is private to Movistar/Telefonica. The keys to other rooms, including the pool room (assuming you mean where the machinery is) are restricted to whoever is responsible for them, in practice this is usually the president and the maintenance man. They themselves do not even have keys to the electricity room, and may have keys to the telephone room but only to provide access to engineers.

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?

Normally, every freehold property on a community is on the inside of an overall freehold area, and the external parts to individual components belong to the community – hence “communal areas”. This means, therefore, as an example, that you have no right to paint the outside of your property because the outside surfaces are not technically part of the individual freehold, but of the freehold of the community. In terms of the roof specifically, it too is communal property and the community has the responsibility to maintain it. As with the fronts of properties, owners do not even have right of access to the roof above their own property (unless of course there is intentional access for a roof terrace) nor a right to place something on it (such as a TV aerial).

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?

The short answer is yes s/he can. If there is a problem on communal property which requires urgent attention, the community is entitled to invade the freehold of any owner to redress the matter, if there is good reason to do so. From the community’s point of view, the urgency or seriousness of a leak, nor necessarly the source, is not known until experts are called in, so s/he is entitled to commission a builder to go in and fix whatever is necessary. The overriding legal principle is that a property is occupied by its owner, and if not, it it at the risk of the owner if something like this takes place when it is empty. If you had been in residence, of course the official would have been required to discuss the matter with you, but s/he is not required to make a phonecall if you are not. I doubt whether your claim for damages would be successful unless you could demonstrate gross negligence on the community’s behalf.

What should be in place, or be done, for disabled access to a community?

There are specific rules for communities under provisions in the Spanish Constitution for the protection of the rights of disabled people. Specifically, there must be direct disabled access by ramp from the street to communal areas, with no steps forming barriers to wheelchairs, and with appropriate width and space for turning. The community is entitled by law to spend up to 12 times a monthly community fee for works to make the complex disabled accessible, the works being subject to agreement by the community and resolved by arbitration if agreement is impossible. Ultimately your administrator will be up to date on current legislation for disabled access at any given point in time.

What are the legal working hours for carrying out work on a complex?

The issue is covered by various laws, including the Law of Horizontal Division, as well as by the specific municipal environmental regulations that will be in place for the particular area, and in addition, may be governed by individual rules introduced in the community concerned.

Given that there will therefore be some flexibility, the general rule is that works may not start before 8am in the week (Monday to Friday), and not before 9.30 on Saturdays, Sundays and fiestas. Works should finish by 9pm on any day.

Our president won't let me see CCTV footage. Can he do this, or is it my right to view them?

54 Comments

Hi Janet. I read your website last night with great interest, and in particular your FAQ on complexes. I live in a complex of bungalows on Lanzarote, and have been looking for this type of information on-line for some weeks. There seems to be nothing like this for Lanzarote, so I thought I would ask you, if you don’t mind, does the same information you cover in your FAQ section, and the rules and laws you refer to, apply across the Canarias? Also, do you know of a similar website to yours covering Lanzarote? I thought maybe you would have come across well- informed people like yourself on other islands too. I would welcome any information you have relating to this. Many thanks – your website is magnificent. Gill

Gill Bevan

6 September 2019

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Author

It applies not just across all the Canary Islands but also accross Spain: it is a national law, the Ley sobre Propiedad Horizontal.

Janet

6 September 2019

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Thank you very much Janet. I will start with that. We have a lot of problems with the complex and the administrators, so the information you have provided is much welcomed.

Gill bevan

6 September 2019

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Hi Janet
I live on a complex and we have floor tiles that are dangerous and can cause injuries to residents on the site I have email the administrator several time from the beginning of March for them to repair but they do nothing,
My question is if someone is unfortunate to be injured by one of these tiles who is to blame the administration or the complex if we are taken to court
Yours aye
D bevan

David bevan

19 September 2019

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Author

A claim would be made on the community’s insurance. It is possible that the administrators could be ruled liable but that would require the community to take its own administrators to Court for payment to be made by their professional indemnity. If you’re an owner, my advice would be not to email them again about the tiles specifically but send them an email (or ideally a burofax) requesting the matter be put on the agenda for the next AGM. If you’re a tenant, then suggest this to the owner.

Janet

19 September 2019

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Hi Janet , At a AGM if the administrator is not ratified or voted on what is the situation please , At our recent meeting it was listed for ratification but totally missed
Many Thanks

John Holsten

19 September 2019

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Author

Administrators must be re-elected every AGM, or a new administrator appointed. A community can’t not have an administrator, and the vote on their (re-)appointment early in every AGM is a legal requirement.

Janet

19 September 2019

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Hi Janet
I live on a complex in Lanzarote and have a cat, can you confirm if she has to stay inside my apartment and is not allowed outside on the complex. We also have a couple of ferel cats constantly on the complex so what is the difference? If my cat has to stay in what do we do to keep other cats off the complex?

Dee

4 October 2019

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Author

The same rules apply to your cat as apply to dogs. It may not be loose in communal areas. As to what your community does about strays, that should be put on the agenda of the next general meeting for discussion.

Janet

4 October 2019

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Hi Janet can you please advise me if you still need 100% votes for Community Statute changes.? Than you

Elizabeth Boath

14 October 2019

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Author

I’m sorry I can’t confirm. You will need to check with an administrator what the current legal position is.

Janet

14 October 2019

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I understand a licence is required from the police in order to carry out works on your property.Is the onus on the owner of the property or the contractor to obtain this licence? Thanks

David

17 October 2019

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Author

No, a licence is required from the Ayuntamiento, not the police. The owner is always responsible.

Janet

17 October 2019

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Hi Janet. Our president has called an EGM for 14/11. The agenda was not discussed with the community prior to announcement of the EGM. A large group of owners are not happy with the items, and have requested additional items be added to the EGM agenda. Both the president and administrator are refusing this, and saying they will need to be dealt with at the following AGM in June 2020. Do they have a right to exclude requested agenda items?

Christian Stafford

18 October 2019

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Author

Yes, for an EGM, and there is no requirement to release agenda details in advance of a meeting call. If owners wishing to add items consider them “emergencies” for discussion, they can of course organize their own EGM but once one is called it is for the purposes described in the agenda, even if only one item.

Janet

18 October 2019

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Hi Janet

We have recently paid a derrama over the last 4 months on top of our community feesa for work to strengthen pillars in the underground garage on the complex, we paid 95€ totalling 380€ our community fees are 74€ per month, this was decided at an EGM we were unable to attend. Now the president has decided more of the pillars need to be brought up to standard and he wants to issue another derrama at the next EGM which I am not happy about, can I refuse to pay if it is more than 3 months community fees?

Bev

18 October 2019

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Author

No you cannot refuse, as I explain in the second question in the section above on Finances – “Can someone be forced to pay a derrama for community amenities?” I’m afraid that the fact the decision was made at an EGM you were unable to attend is not relevant because you can always engage another owner as a proxy vote.

Janet

19 October 2019

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Hello Janet,
Many thanks for the precious information you share.
I have a question about obtaining the constitution of community of owners. I have an elderly friend who is quite distressed by the pretty underhand actions of her community president (who is also acting as administrator.) She needs to see the constitution documents before her upcoming AGM, but it would appear that they are being withheld by the president. Is there anywhere else she could find a copy of the documents? Might the ayuntamiento archives be able to provide her with what she needs?
Thanks in advance,
Mandy

Amanda Besson

29 October 2019

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Author

I would doubt the council would have a copy. My suggestion would be to write a Burofax or get a lawyer to write a letter to the President requesting a copy and take it from there depending on the response.

Janet

30 October 2019

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What does “Salvo Voto” mean please? EGM recently led to several Spanish quoting “Salvo Voto NO” when vote was taken. Can you please explain?

David

4 November 2019

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Author

I would have thought, with respect, that this was a question to ask your administrator, ideally at the meeting. None the less, it is equivalent to voting against a motion but not legally the same. A literal translation is “saving the vote”, and legally it has the sense that an owner can challenge the approved motion as if they had voted against it. What this means in your particular circumstances is impossible to say without knowing the context. This is why you simply have to ask your administrator.

Janet

4 November 2019

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Hi Janet
I wonder if you could advise me please,I have been looking through the minutes of previous meetings and it seem that the administration of this site have not carry out the work which has been voted for this has been going back as far as 2012 up until this year ,which is the best action to follow
Sorry Janet one more question please can I ask the administrator for me to see previous minutes going back again to 2012 and can he refuse my request at the moment I am Vice President of the site
Yours aye
D b

D bevan

10 November 2019

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Author

If you think something was voted for and has not been actioned, I would recommend you ensure it is entered as an item on the agenda for the next General Meeting so that the community can discuss it. As to minutes of meetings, you are entitled to see them, of course, but it might not be the easiest thing for an administrator to come up seven year’s worth … it’s possible, for examaple, that the administrator has been changed in that time. But minutes should be sent out after each meeting, so you should have received them. Again, check with the administrator when you request the first item to go on the agenda, and if you’re not satisfied, ask for this too to be put on the agenda so the community can discuss and hopefully resolve it.

Janet

10 November 2019

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Good afternoon.

Our president has stated that she is resigning and has called an EGM to elect a new president. Item 2 on the agenda says, “Presentation of the resignation of the president. Election of new president of the community of owners “.

I have carefully read the Horizontal Law and I cannot see any provision for this to take place, except that the community may ‘remove’ the president at an EGM. Is what the president doing illegal?

Furthermore are we entitled to elect a president at an EGM in these circumstances or must we wait until an AGM?

Thank you,

Richard

Richard

18 November 2019

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Author

You don’t say what Item 1 on the agenda is …

The law, as I understand it, reserves for the owners exclusively, the right to replace a president within a single term of office. None the less, while there could be a legal objection if the president is calling a meeting herself, it seems to me that if she wants to resign and calls a general meeting to do so and elect a replacement, then there is little to be gained by forcing her to wait for the AGM. Your administrator will no doubt be able to offer their own interpretation but it seems to me that this is a sensible way for a community to proceed given the situation you describe. But of course there is Item 1 on the agenda … and you don’t say what that is …

Janet

18 November 2019

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We have a new commercial owner causing issues on the complex and is demanding to have copies the last 5 year’ accounts , contracts etc ! This sound s vexatious rather than looking for something in particular and would obviously tie up our administration in a lot of work , Our accounts are “audited” every year by appointed owners at AGM . Surely we can reject his demand for copies but allow him to inspect the documents – can he as an individual bring in his own accountant without permission ?

John1

19 November 2019

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Author

This is for your administrator to answer, I think, but I personally see no way of stopping an owner bringing in an independent professional … sometimes I advise owners actually to do this, if they think there’s malpractice, for example.

Janet

19 November 2019

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Good morning. I did not mention item 1 because it is the usual one about owner’s debts, “Approval of the owners’ debts as at 30/09/2019 and authorisation to the president to grant power of attorney to the lawyer to urge the recovery of the debt judicially via the legal procedures established in the Horizontal Property Act, including admonitory procedure”.

Our administrator company is telling us that a new president can only be elected at an AGM and not an EGM and that the vice-president would stand in as president until the next AGM next September. However I am led to believe that it is illegal not to have a president so have thought that the new president must be elected at the EGM. What are your thoughts on this?

Thanks.

Richard

19 November 2019

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Author

Item 1 being debts is not a “usual” one for an EGM, but for an AGM. An EGM can, and often does, only have the one item for discussion on the agenda. As to the general situation, as I said, my thoughts are that it is sensible for the community to allow this because although the president can’t technically “resign”, s/he can approach the Courts to allow it and that is an expense the community surely wouldn’t wish to incur. I see no reason to prevent the appointment of someone else to take over as president but if your administrator is resisting this, then you can manage with only the VP … the whole point of a VP is to stand in for the president as legal figurehead when such is needed.

Janet

19 November 2019

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Thanks Janet , we have a statute that requires 10% of owners to agree before an external audit is allowed , it would cost the community around €3K as we did one a few years ago !
This particular chap is in dispute with us & is just trying to cause us bother as he has no basis for his request , he is being refused & can go to court for permission to do his fishing !

John1

20 November 2019

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Hi Janet, we have a property on a complex of 200+ apartments in Arona Tenerife. They are building toilets adjoining our apartment for people using the pool. There are already toilets available but they are downstairs. Whilst we have no objections to disabled toilets, do you know if there are any laws regarding number of toilets and distance away from the pool area for able bodies persons to access?

Elaine Cosgrove

3 December 2019

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Author

Your administrator will need to answer this based on the specific details, but when you say “they” are building toilets” … this is the community, I would assume, so all the details including legalities of location and number should already have been discussed in general meeting. Again, your administrator will be the one to clarify this.

Janet

3 December 2019

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Thanks for your reply. I have requested a copy of the minutes where this is detailed and none is forthcoming. I am just met with the reply it is the law to have toilets a certain distance from the pool?

Elaine Cosgrove

3 December 2019

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Author

I would assume your administrator knows the law so would believe them. Nonetheless, minutes must be distributed of meetings, so if you have not been given them, you are within your rights to demand them, and to take legal action if you are refused. Moreover, if there is an issue apparent about supplying minutes, you should request an item to be placed on the agenda of the next general meeting where the matter of minutes and their distribution can be discussed by the owners.

Janet

3 December 2019

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I know the complex as I own in it also the building off disabled toilet was voted on at the agm and approved as its law now to have them so we were told.

David Dick

3 December 2019

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Hi Janet can I please ask does the building off disabled toilets need a project and approval off the council before they can be built.

David Dick

4 December 2019

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Author

Almost certainly. This is for your administrator to confirm details, though, David, because there might be things I’m unaware of that are specific to your complex.

Janet

4 December 2019

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Dear Janet
I have an apartment in a residential community without a touristic licence. I think there may be a move by some to obtain a licence to enable them to legally let their apartment.
I’m sure that I have read that this would be an issue for the Community as a whole (ie no one owner could get a licence for their property alone) and it would be a significant change to the Community which would require 100% approval. Am I correct as I cannot find the reference to this despite searching?!
Incidentally I don’t think the Community would get a licence as we could not comply with the rules but I am still interested in your answers as I am totally against any such changes.
Many thanks

Mike Stroud

4 December 2019

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Hi Mike, I think THIS is what you’re referring to. As far as I’m aware the law came into force but has since been appealed. I’m afraid that I don’t know its current legal status.

Janet

4 December 2019

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Hola Janet – compliments of the season and sincere thanks for wide – ranging info. The concern expressed with regard to Residential complexes and plain holiday lettings never seems to go away. One of our owners ( who seems to let continuously) has now ” registered”, has put up a sign. Our otherwise ” on the ball” administrator is adamant that there is nothing the Community can do to prevent it – in the extreme, everyone could register and we could become an Aparthotel !!

R J Little

5 December 2019

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Author

What sort of sign? If it is a VV sign from the Cabildo he has clearly registered properly and is entitled to do so. In such a case the administrator is correct, assuming they have confirmed that the community Statutes don’t prohibit it. If it’s another sort of sign, though, then clearly it’s not legitimate.

Janet

5 December 2019

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Thanks. It is a VV sign – obviously any Law is irrelevant – time for concerned Communities to try and get Statutes updated. !

R J Little

5 December 2019

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Author

No, the law is not irrelevant. This IS the law, and the Government is required by the Supreme Court – an independent judiciary – to loosen the law to allow this.

Janet

5 December 2019

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Hi Janet,

Can water and electricity supplies be cut off by my community for an outstanding debt, a debt that occurred in 2013 and I didn’t purchase until 2017? My development is threatening to do this. If it’s illegal, can you direct me to legislation that states this.

Carolann Todd

10 December 2019

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Author

As I understand it, this cannot be done, but I don’t know the specific legislation. Having said that they can’t do it, however, owners cannot be in debt either, and I have known an administrator cut off someone’s water on the grounds that the apartment above had had a leak. When the leak was repaired and the water reconnected to the block, the debtor’s apartment suddenly developed a fault that meant it could not be reconnected. Of course once the debt was paid the problem evaporated. Administrators do have ways and means to deal with debtors. Your administrator will be best placed to advise.

Janet

10 December 2019

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Hello Janet.
This is a question regarding the Minutes of an AGM. Can I ask if a decision was made at an AGM and minuted and minutes approved accordingly – can a decision made in that meeting then be overruled and changed in between AGMs without an EGM being called.
Thank you.

Gabby Rigby

22 December 2019

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not as far as I’m concerned.

Janet

22 December 2019

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CarollanTodd – Janet is as usual correct – there is a pan European edict – water cannot be cut off.
Either –

1. The community admin accounts were in error in statement to your lawyers at completion or
2. Your lawyer never requested one or misread it.

R J Little

23 December 2019

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Hello Janet. Can you advise what can be done about dogs that bark almost continuously on a residential complex. They disturb the peace of other residence.

Michael Head

10 January 2020

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Author

I’ve moved your question to the page on communities. Please see the first section above for animals in complexes.

Janet

11 January 2020

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Hi Janet
I wonder if you could help me please.looking back over the last minute of meetings on the budgets we have a total legal reserve which goes back six years ,what are these reserves budget for and can the community use this money to improve the site it average about €5000 a year
Yours aye
D bevan

David bevan

12 January 2020

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Author

Communities are required by law to keep a reserve. Your administrator will be able to confirm the specific details about your own community’s funding.

Janet

12 January 2020

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Hi Janet,
At our forthcoming AGM our normal order of business includes voting,at an early stage, for the administrator.
Can we insist on this vote to be taken as the last item?
This would allow us to vote him out,given his appalling behaviour.
Thank you ,
Jim 🤔😄

Jim mulholland

13 January 2020

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Author

no, because re-election of the officers is essential for the meeting to proceed. I’m afraid that it, the re-election of president as well as administrator, and the approval of accounts and minutes, are all initial items before the meeting can move on to the substantive issues most owners will wish to discuss.

When it comes to replacing an administrator, it is essential to set up in advance a pitch that can be made at the general meeting by the prospective administrator. This is self-evidently sensitive territory because an administrator is not normally going to be that happy at being replaced. I have therefore known this arranged in advance completely surreptitiously, with the prospective administrator just turning up at the beginning of the meeting. It takes some arranging, and my advice would be to speak to alternative administrators in advance to make arrangements – they will naturally be only too happy to help given that they have a chance of picking up the work.

Janet

13 January 2020

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