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-   Spain (https://britishexpats.com/forum/spain-75/)
-   -   Community owner problem (https://britishexpats.com/forum/spain-75/community-owner-problem-887432/)

diddys Nov 14th 2016 8:12 pm

Community owner problem
 
Hi, thank you for adding me. I need advice on a problem please. Some of the owners on our community have built under stairs external storage (mainly those that reside there) The requests over a few years were made and voted for at AGM's and all were allowed. We have just made a same request at our AGM and it has been voted against. I am sure I read somewhere that this refusal is not allowed as a different community had tried to do the same, however legally they were in the wrong but I can't find where I saw it. Does anyone know what the legalities are and am I correct?
Any advice greatfully received.
Regards
Dawn

Rosemary Nov 14th 2016 10:02 pm

Re: Community owner problem
 
Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Loafing Along Nov 15th 2016 9:42 am

Re: Community owner problem
 

Originally Posted by diddys (Post 12104863)
Hi, thank you for adding me. I need advice on a problem please. Some of the owners on our community have built under stairs external storage (mainly those that reside there) The requests over a few years were made and voted for at AGM's and all were allowed. We have just made a same request at our AGM and it has been voted against. I am sure I read somewhere that this refusal is not allowed as a different community had tried to do the same, however legally they were in the wrong but I can't find where I saw it. Does anyone know what the legalities are and am I correct?
Any advice greatfully received.
Regards
Dawn

You need to look at two things :
1. AGM Minutes when the requests were made and granted
2. Community Statutes

See how the previous decision was taken, presumably by a majority vote.Check then against the Community Statutes and see what is allowed and under what conditions. A majority decision at an AGM cannot overule the Statutes. Any change to the Statutes requires a unanimous decision

Finally all Community activity is governed by "Ley de Propriedad Horizontal ". The Statutes must align with thias legislation

wilsman77 Nov 17th 2016 7:41 am

Re: Community owner problem
 

Originally Posted by Loafing Along (Post 12105417)
You need to look at two things :
1. AGM Minutes when the requests were made and granted
2. Community Statutes

See how the previous decision was taken, presumably by a majority vote.Check then against the Community Statutes and see what is allowed and under what conditions. A majority decision at an AGM cannot overule the Statutes. Any change to the Statutes requires a unanimous decision

Finally all Community activity is governed by "Ley de Propriedad Horizontal ". The Statutes must align with thias legislation

Hi can I have a chat with you off line?

Loafing Along Nov 17th 2016 12:33 pm

Re: Community owner problem
 

Originally Posted by wilsman77 (Post 12107207)
Hi can I have a chat with you off line?

Sent you a PM


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