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 there is no need (nor ability) to revise the statutes because there are rules in the Law of Horizontal Division against nuisance. This is additional 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 the police need to be called, and will attend.

In terms of noise problems, the community could introduce a fine system (though this is legally suspect), or it might be constructive to create an informal owners’ interest group against dogs, and all contribute to hiring a lawyer to approach the Ayuntamiento’s environment department (which is the place to start): in my experience they only listen to lawyers. This is probably the most effective response to a situation that will have the sympathy of many, I suspect.

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 owners cannot be forced to pay if the sum is greater than three months’ community fees, but those who refuse or are unable to pay are still 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?

135 Comments

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

Jack Woods

13 April 2018

Permalink
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.

Janet

13 April 2018

Permalink
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.

Pat

20 April 2018

Permalink
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.

Janet

20 April 2018

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

Peter

21 April 2018

Permalink
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.

Janet

21 April 2018

Permalink
What did Pat mean by a “double majority”?

Home from home

21 April 2018

Permalink
Author

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

Janet

22 April 2018

Permalink
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%?

David

22 April 2018

Permalink
Thanks Janet.

Home from home

22 April 2018

Permalink
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.

Janet

22 April 2018

Permalink
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.

Mr Kettle

3 May 2018

Permalink
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.

Janet

3 May 2018

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

John Parkes

4 May 2018

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

bill

12 May 2018

Permalink
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).

Janet

12 May 2018

Permalink
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?

John1

14 May 2018

Permalink
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.

Janet

14 May 2018

Permalink
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.

Ed

18 May 2018

Permalink
Author

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

Janet

18 May 2018

Permalink
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.

Pauline Edgson

24 May 2018

Permalink
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.

Janet

24 May 2018

Permalink
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

Jack

25 May 2018

Permalink
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.

Janet

25 May 2018

Permalink
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.

Judith

28 May 2018

Permalink
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.

Stewart Kirby

28 May 2018

Permalink
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.

Judith

28 May 2018

Permalink
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 .

John1

29 May 2018

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

bill

31 May 2018

Permalink
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.

Janet

31 May 2018

Permalink
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.

Peter

1 June 2018

Permalink
Author

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

Janet

1 June 2018

Permalink
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.

Home from home

3 June 2018

Permalink
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.

V. Meldrew, would you believe.

3 June 2018

Permalink
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.

Janet

3 June 2018

Permalink
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?

JP Villas

7 June 2018

Permalink
Author

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

Janet

7 June 2018

Permalink
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.

linda hancock

10 June 2018

Permalink
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.

Janet

10 June 2018

Permalink
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?

JP Villas

11 June 2018

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

Karen

11 June 2018

Permalink
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.

Janet

11 June 2018

Permalink
Author

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

Janet

11 June 2018

Permalink
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

Linda Denslow

12 June 2018

Permalink
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.

Janet

12 June 2018

Permalink
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.

Karen

12 June 2018

Permalink
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?

Janet

12 June 2018

Permalink
Janet, put that stirring stick down.

Stewart Kirby

13 June 2018

Permalink
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!

Janet

13 June 2018

Permalink
‘‘Twas a joke 😁😂🤣

Stewart Kirby

13 June 2018

Permalink
Author

yeah, I know! 😀

Janet

13 June 2018

Permalink
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?

JP Villas

15 June 2018

Permalink
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 … :/

Janet

15 June 2018

Permalink
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.

Home from home

15 June 2018

Permalink
Author

Local council … just ask the planning department.

Janet

15 June 2018

Permalink
Thanks!

Home from home

15 June 2018

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

David

18 June 2018

Permalink
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.

Janet

18 June 2018

Permalink
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.

Peter

20 June 2018

Permalink
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.

Janet

20 June 2018

Permalink
Thanks Janet.

Peter

21 June 2018

Permalink
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.

Frank Lobran

23 June 2018

Permalink
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.

Janet

23 June 2018

Permalink
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.

Peter

24 June 2018

Permalink
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.

Janet

24 June 2018

Permalink
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

Jan Jones

15 July 2018

Permalink
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.

Janet

15 July 2018

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

Barry

15 July 2018

Permalink
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.

Janet

15 July 2018

Permalink
Ok many thanks for your response

Barry

16 July 2018

Permalink
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

Barry

17 July 2018

Permalink
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.

Janet

17 July 2018

Permalink
Ok thank you

Barry

17 July 2018

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

marjorie baarnaby

20 July 2018

Permalink
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.

Janet

20 July 2018

Permalink
Thank you, Janet, No there is nothing in the statutes

marjorie baarnaby

20 July 2018

Permalink
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

Richard Tate

3 August 2018

Permalink
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.

Janet

3 August 2018

Permalink
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

marjorie baarnaby

10 August 2018

Permalink
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.

Janet

10 August 2018

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

Sean

10 August 2018

Permalink
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.

Janet

10 August 2018

Permalink
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

Paul

15 August 2018

Permalink
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.

Janet

16 August 2018

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

John1

17 August 2018

Permalink
Author

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

Janet

17 August 2018

Permalink
I could always make a complaint here ?
https://www.aepd.es/agencia/contacto.html
This article suggests fines can be applied .

https://www.hldataprotection.com/files/2015/07/Hogan-Lovells-Data_Protection_In_Spain-2015.pdf

John1

17 August 2018

Permalink
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 … ).

Janet

17 August 2018

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

Catherine

17 August 2018

Permalink
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.

Janet

17 August 2018

Permalink
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.

Moira Gray

25 August 2018

Permalink
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.

Janet

26 August 2018

Permalink
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,

Moira Gray

27 August 2018

Permalink
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.

Janet

27 August 2018

Permalink
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,

Moira Gray

27 August 2018

Permalink
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.

Janet

27 August 2018

Permalink
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

Mic

29 August 2018

Permalink
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.

Janet

29 August 2018

Permalink
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

terry venton

3 September 2018

Permalink
Author

no, any resident is allowed a visitor.

Janet

3 September 2018

Permalink
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?

Eddie

8 September 2018

Permalink
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.

Janet

9 September 2018

Permalink
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.

Derek

9 September 2018

Permalink
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?

Jack

20 September 2018

Permalink
Author

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

Janet

20 September 2018

Permalink
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.

Jene

29 September 2018

Permalink
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.

Janet

29 September 2018

Permalink
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.

Clarence

11 October 2018

Permalink
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.

Janet

11 October 2018

Permalink
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?

JP Villas

24 October 2018

Permalink
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.

Janet

24 October 2018

Permalink
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

Karen Howard

25 October 2018

Permalink
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.

Janet

25 October 2018

Permalink
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?

Tony

26 October 2018

Permalink
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.

Janet

26 October 2018

Permalink
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.

Paul

3 November 2018

Permalink
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.

Janet

3 November 2018

Permalink
There are several animal charities that could help with strays. I suggest asking Cat’s Welfare for help.

They can help with neutering too which might help if the owner is amenable.

You can find contact details on their website here: http://www.cats-welfare-tenerife.com/
or on their facebook page here: https://www.facebook.com/cats.welfare.9/

Viv

3 November 2018

Permalink
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

Karen

3 November 2018

Permalink
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.

Janet

3 November 2018

Permalink
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.

Peter

8 November 2018

Permalink
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.

Janet

8 November 2018

Permalink
Thanks Janet.

Peter

8 November 2018

Permalink
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.

Peter

9 November 2018

Permalink
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.

Janet

9 November 2018

Permalink
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.

Peter

9 November 2018

Permalink
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.

Janet

9 November 2018

Permalink
Point taken.

Thanks Janet.

Peter

10 November 2018

Permalink
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

martin sedgwick

14 November 2018

Permalink
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.

Janet

14 November 2018

Permalink
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

Ken Shade

15 November 2018

Permalink
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.

Janet

15 November 2018

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

Ken Shade

15 November 2018

Permalink
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

TC

16 November 2018

Permalink
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.

Janet

16 November 2018

Permalink