BACKGROUND INFORMATION

You like many of us have maybe never heard of a Community of Owners or the Horizontal land Law or many other things that still puzzle you now even after you have bought your property in Spain. In this next section, we will endeavor to help you understand a little more the roles that each and every one of us must play to make the Urbanisation Sol Golf phases 1 & 2 just that little bit more special than all the other Urbanisations around.


What is a community and what will it cost me?

Nearly everyone buying a home in Spain will automatically become a member of a community. They will be expected to contribute financially to the community in line with their share or “coefficient”. This share is written into the title deeds “Escritura” of the purchased property and is not changeable except in rare circumstances (sub division etc.). The coefficient is calculated when the community is completed and, as a rule of thumb, is roughly proportional to the size of your apartment or house in relation to the overall size of the community.
What you actually pay will be your share of any expenditure agreed at an Annual General Meeting or an Extraordinary General Meeting. It is your responsibility to be aware of these charges and to pay them ignorance is no excuse and bills are not sent. There are two very good reasons for paying your community charges on time. The first is the moral issue as you are expecting your fellow owners to finance you if you do not pay and in some cases the community will deteriorate as, of course, the cleaners and gardeners won’t work for nothing. The second reason is that the community now has the ability to (through court action of course) freeze your bank account and seize the apartment. Of course this is always a last resort and time consuming but the community always wins and the costs are charged to the delinquent owner. The community can also apply penal charges to late payments and owners in debt have no voting rights at a meeting.

A word of warning here. Before you sign at the notary always make sure that your solicitor has obtained a certificate from the community showing any debt on the property. If he/she hasn’t then sorry, any debt becomes yours. Obviously this also applies to any outstanding mortgages on the property but this is not a community issue and your solicitor SHOULD check everything. In Spain the debt is on the property not the individual.
Buying a property is a massive investment and commitment. It really is worth talking to the President or the Administrator before you buy. The community may look well cared for but it could be in debt (a debt in which you will participate if you buy) your solicitor is unlikely to check this and certainly your estate agent won’t.

Essentially the charges are to cover the general costs of maintaining the communal elements (side roads, swimming pools etc) of which you have full use. You will not be required to pay for things you would not use (for example lift maintenance if you live on the ground floor) however it is not your decision. It will be written in the community rules. Generally the President or Administrator will be pleased to give you a copy before you buy.

Who decides what we pay and who we employ?

Basically you do. The thing you must always remember is that the community belongs to you. Never ever say “They” have done this or that because anything important or costly (except legal necessities) is voted for at an A.G.M. or E.G.M. and you have the same rights as all the other owners. Ensure that your voice is heard either by attending the meeting or appointing a proxy to vote on your behalf. You have the right to put forward any proposals or reject any proposals or budgets.

But someone has to do the day to day stuff.

The President is in charge of the Community and has total authority as your representative. He/she is ultimately responsible in law for the actions of the community and represents the community in all legal aspects. He/she is a signatory, together with the two Vice Presidents for cheques and bank payments. The role of President is mandatory. If no one volunteers then a simple drawing of lots takes place and the winner (loser!) is President. He/she she must apply to the court to be relieved of the office and, as any legal action takes forever here, there is no point as the office is for one year. Obviously, any person who does not wish to be President will not function correctly and in such a case will probably leave all the work to the Administrator. The Administrator is not a legal requirement but unless the community is very small then the Administrator will be an employed professional with the necessary software, staff and experience to support and advise the President but it is the President who makes the decisions.
What happens at meetings and do I have a right to call one?
At the Annuanal General Meeting (A.G.M.) the President will present the actual expenditure for the prior year and the budget for the coming year. These must be approved by the meeting. Generally sufficient information on expenditure is sent with the meeting invitation. The approval of the expenditure and budget together with the election (re election) of the President and Administrator plus agreement of the previous years minutes are mandatory agenda items. Proposals from owners are other agenda items but to be voted on must be mentioned in the posted agenda. Discussion on “Any other business” can be held and, if the meeting agrees the President will call a future E.G.M. to vote on the issue.

This may all seem fairly complex but in fact the laws relating to how a community must be governed are straight forward and epitomise a democratic regime. That is why it is important that your voice is heard.
The HORIZONTAL LAWS will be added later, however the community rules can only be obtained from the Administrator or President of your community. These rules cover behaviour, pets etc. in the community. It’s no good buying an apartment only to find Rocky can not share it with you. You also have the right (as an owner) to inspect all the previous years minutes including balance sheets.
One or two points worth mentioning about meetings.
What if something is not right and I wish to call an Emergency General Meeting (E.G.M) who do I approach?
Generally only the President can call a meeting however 25% of the owners (26 owners in our case) combined can legally call a meeting through the Administrator if the President refuses.
A meeting always has two start times or “calls”. For the meeting to be legal on the first “call” 51% of owners must attend to form a quorum. As this very rarely happens the law states that any number of owners form a quorum when a second meeting is arranged but that this meeting must be at least thirty minutes after the first call. Therefore when you are invited to an A.G.M. it will have “First Call” and “Second Call” times. The second call being thirty minutes after the first and the time the meeting will start.
As mentioned it is possible under this system for two or three owners to steer the community in a direction to suit them which may not suit you, so again the message is participate in person or by proxy.
Unless the community has vastly different sizes of homes most owners coefficients will be similar enough that a simple majority vote will decide. The condition is one owner one vote (not one vote per apartment). Strictly speaking a proposal can only be passed if it has a majority of owners and coefficients however if a situation occurs when a majority of coefficients (for example the builder may still own half the community so has 50% of the coefficients but only one vote) is for a proposal and a majority of owners are against he can not force through his proposal because both criteria are not met.

What else will I have to pay?

To the community, nothing else, only your community charges and any one offs agreed at a meeting.
I.B.I. Is, more or less, local rates and is charged once a year (Between 15th March and 22nd May)
Tasa Basura. Is for rubbish collection and is taken twice a year (Between 24th April to 30th June and 3rd July to 17th September)
It is better to ask your solicitor to set up direct debits for all the above plus your electric and water charges, he/she should do this automatically as it is included in his fees which are always a fixed percent. If you go back later and ask him/her you may be charged again. When they are set up it is hassle free as long as you keep money in your account. Even if only one payment is missed the companies will not try again and you may find your water or electric cut off for a bill you missed last year or an old I.B.I. bill that attracts interest at 10% if not paid.
Tips.

Before you buy make sure there is no debt on the property. If you are taking a mortgage then the bank will have checked. If your solicitor says it is all debt free ask if they have checked:
Community Charges Debt on Apartment (Nota Simple) Taxes (I.B.I. etc) Utilities
Do go and talk to the President before you buy. He / She will probably have lived in Spain for a while and can give you lots of tips. Remember if the majority of owners are one nationality it will greatly influence the way the community is run. The owners are the community.
SOL GOLF PHASES 1 & 2
OWNERS COPY
HORIZONTAL PROPERTY ACT


The recently reformed Horizontal Property Act, regulates a special kind of property consisting of houses, apartments or premises.

According to this co-ownership system, every owner has on one hand the individual and exclusive property right over his/her dwelling or premise and also, the co-ownership, together with the rest of the owners, over the common elements of the buildings ( stairs, patios, yards, walkways, entrances, elevators, structural elements, swimming pools, power supplies installations, etc).

Every apartment or premise has a quota or share of ownership ( quota de participación) of the total value of the building, which is the scale to determine the percentage on the community expenses to be paid by each owner.

When you buy an apartment under this Law, you buy both an apartment and a quota or share of ownership over the common elements.

When you are buying a property, you should consult the constitutive title of the horizontal property in the Land Registry.

It is a document which describes the building as a general unit and every flat or premise individually, with description of surface, floor and annexes such as parking garages, attics or storage rooms.

The proportional share of every apartment or premise is fixed having as the calculation base, the net usable area of every flat or premise in relation to the whole building, its interior and exterior location, situation, and the kind of use of common elements that the owner is party to in the future.

This title also has certain regulations of the building use, its apartments and premises, installations and services, expenses, administration, maintenance and repairs, which constitute the Statutes of the Community of Owners. Every new owner will be bound automatically by the Statutes and the decisions taken at previous meetings.

It is very important to know that these statutes can be modified by unanimous consent of all the owners. Therefore, for instance, if the statutes prohibit the use the apartments as offices ( open to public), if there is a neighbour who wants to open a practice there, he will have to get the unanimous consent of all the neighbours in a meeting.

If you are purchasing in a new development the rules of the Community must be explained to you by your legal team and approved on your behalf.

The internal rules of the community

Together with the Statutes, the owners can establish certain rules for the regulation of their life together and the adequate use of services and common issues.

These rules are binding, although, a simple majority of votes is required for their modification.
What building works are allowed?

Every owner can do building works in his apartment or premises, modifying its architectural elements, installations and services, provided:
• The safety of the building, its general framework and its outer configuration and condition is not altered.
• None of the other owners’ rights is damaged.
• Those building works are previously communicated to the Community.
• Owners can do no alterations in the rest of the building. If urgent repairs are needed, they will have to be communicated to the administrator.
Which are the forbidden activities?

Owners and users of apartments or premises cannot perform in their properties or in the rest of the building, those activities which are forbidden in the statutes, those which are damaging for the building or are against the General Rules on annoying, unhealthy, harmful, dangerous or illicit activities.

The President of the Community of Owners either by own initiative or by the initiative of any of the owners or users, must request to whoever may do any of the before mentioned prohibited activities to immediately stop, or inform that person about the legal actions against him/her that might be started if the behaviour is not stopped.

If the offender persist doing it, the President, once authorized by the committee of owners, can take it into Court. In order to do that, the Community needs to use a lawyer, a Procurator is not necessary (although recommended).

Once the lawsuit is in the Courts with the attached document on the solicitation made to the offender, together with the agreement taken by the board of owners, the Judge can pass a provisional decision on the immediate cessation of the prohibited activity and pass any other precautionary measure.




After the necessary judicial procedure, the Judge will pass judgment in order to pass any or all the following measures:
• The offender to stop the forbidden activity once and for all.
• The offender to compensate the Community for the produced damages.
• The offender to be deprived of the right to use the house or premise for a period no longer than three years.
• A lawyer can provide legal advice on these issues according to the specific particulars of every case.
Joint and division of apartments and/or premises

Apartments and premises can be divided and/or joined together, either totally or partially.
For those cases, the unanimous consent of the Community of Owners is required, and new shares need to be calculated for the refurbished flats.
Generally only the President can call a meeting however 25% of the owners combined can legally call a meeting through the Administrator if the President refuses.

A meeting always has two start times or “calls”. For the meeting to be legal on the first “call” 51% of owners must attend to form a quorum. As this very rarely happens the law states that any number of owners form a quorum when a second meeting is arranged but that this meeting must be at least thirty minutes after the first call. Therefore when you are invited to an A.G.M. it will have “First Call” and “Second Call” times. The second call being thirty minutes after the first and the time the meeting will start.
Unless the community has vastly different sizes of homes most owners coefficients will be similar enough that a simple majority vote will decide. The condition is one owner one vote (not one vote per apartment). Strictly speaking a proposal can only be passed if it has a majority of owners and coefficients however if a situation occurs when a majority of coefficients (for example the builder may still own half the community so has 50% of the coefficients but only one vote) is for a proposal and a majority of owners are against he can not force through his proposal because both criteria are not met.
ATTENDANCE TO THE GENERAL MEETING.
Attendance to the general meeting can be made in person or by a solicitor or a lawyer. You can also grant power of attorney to someone else, just by signing an authorisation. (Proxy form)

If any apartment or premise belongs undivided (“pro indiviso”) (jointly) to different owners, they should name a person to represent them and vote at the meeting.
The owners who are not up-to-date with payments to the Community when this starts, (and they have not opposed those debts or have not made a judicial or notary deposit of the due amount), are allowed to deliberate but will not have the right to vote.

The minutes of the meeting need to mention those owners who have been deprived of their right to vote, their votes will not be taken into account to reach the necessary majority for agreements.

THE MEETINGS
The General Meeting of owners must be held at least once a year (Annual General Meeting A.G.M.) in order to approve the budget and accounts and also in every occasion when the President considers it as suitable (Emergency General Meeting E.G.M.) , or when it is requested by a quarter of the owners or by a number of them which , at least, represents 25 % of the Community.
The announcement of the general meeting must be made by the President and, in his absence, by the promoters of the meeting, by making a list of the subjects to be discussed (agenda) and by choosing date and time to be held in first and in second call. This must be published (posted and displayed) at a minimum six days before the event. The posting should be made to the address of the property and only by agreement to an address out of mainland Spain
The announcement must contain a list of the owners who are not up-to-date with payments to the Community and a warning of their deprivation of the right to vote.
Any owner can ask the General Meeting to study or discuss on any subject of interest to the Community; to do so, it must present a document, identifying those subjects considered of general interest to the President, in sufficient time before the posting who must include them in the order of the day (agenda) of the following meeting to be celebrated.
If the quorum is not reached at first call, those owners who represent, in their turn, the majority of the shares can make a second call, which will be held without any quorum.
The General Meeting must be held in second call in the place, date and time which was mentioned in first citation, and it can be held just half an hour after the failed first call. Generally, both calls are included in the same citation.
The citation for the annual General Meeting must be done at least 6 days in advance and, in case of extraordinary meetings, the sooner for all the interested parties to know about it.
The General Meeting can be held even without the call of the President, if the owners decide it.
THE VOTES
The agreements of the General Meeting are subjected to the following rules:
Unanimity is just required for approving or modifying the rules contained in the constitutive title of horizontal property or in the statutes of the Community.
The establishment or suppression of the services of the lift, porter’s lodge porter’s office, security and any other common service of general interest, even when this implies the modification of the constitutive title or the statutes, does not require unanimity, it just requires the favourable vote of three fifths of the total of the owners that, also, represent the three fifths of the shares.

The realisation of works or the establishment of new common services intended to place obstacles that make difficult the access or mobility of disabled persons, even when it implies the modification of the constitutive title or the statutes, do not require unanimity, but the favourable vote of the majority of the owners, that at the same time, represent the majority of the shares.
Those owners not present at the A.G.M. or E.G.M. either voting by proxy or abstaining from the vote have 30 days from the A.G.M. to lodge their disagreement in writing to the secretary. Should no communication be sent by them in this period they will be considered to be in favour of the agreement.
The agreements adopted in valid form are obligatory to all the owners.
The installation of common substructures for the access to telecommunication services (collective antennas, digital television, etc), or the adaptation of those already existing as well as the installation of solar energy or any else of the necessary substructure to access to new collective energy supplies (natural gas, electricity, etc) can be decided, at the request of any owner, with the favourable vote of just one third of the owners who also represent, one third of the shares.
The Community will can not charge the costs of the installation or adaptation of those common substructures, not even for maintenance, on those owners who have not expressly voted in favour of that agreement.
Nevertheless, if they later require the access to telecommunication services or to energy supplies, and this implies for them to make use of the new substructure or the adaptation made, they can be authorized always they pay the amount that had duly corresponded to them, by the application of the correspondent legal interest.
At the second call, those agreements adopted by the majority of the present owners, are valid if they also represent, more than the half of the present shares.
When the majority can not be reached by the procedures established in the previous paragraph, it can passed to the Judge of First Instance to decide the outcome.
The most important obligations of the owner are, inter alia, the following ones:
• To respect the general installations of the Community and other communal elements, both of individual and of general use, included or not in the apartment/premises making an adequate use of them and trying to avoid by all means to make any kind of damages on them.
• To keep the apartment /premises in a good state of repair, so that it won’t bring down the Community or other owners. The owner will also compensate for any damages arising from his negligence or the negligence of those people who are under his responsibility. (e.g. guests or tenants)
• To allow access to the apartment/premises for all the repairs which are needed for the servicing of the building and allow the essentials (access, lights, waters) which are indispensable for the creation of shared services of public interest (i.e. lifts, reception, guards, etc.) holding all the rights to be compensated by the Community for the damages caused.
• To allow the entrance of workmen into his apartment or premise for repairs, as stated in the previous point.
• To contribute, according to his share, to the general expenses for the adequate maintenance of the building, its services, charges and responsibilities.
• It is very important to comment that the purchaser of an apartment is responsible, and that the purchased house is the guarantee, of the payment of all the fees owed to the Community for maintenance of shared services during the purchase year and the year before.

When signing the deeds, the seller must be updated with the Community payments and it needs to be formally expressed (the balance with the Community of owners)
To do so, the seller will ask the Secretary/President of the Community of owners to verify the state of his debts. This certification is obligatory for the signing of the deeds, without that document, the deed can not be executed (unless the buyer expressly releases the seller from that obligation)
• To contribute, according to the share, for the raising of the reserve fund which is obligatory in the Community of Owners in order to pay for conservation and reparation works.
• The reserve fund must have at least the 5% of the last ordinary budget of the Community.
• The Community can hire insurance on the reserve funds in order to cover possible damages or to contract the general maintenance of the building and its general installations.
• To act with due diligence when using the building and when relating to the rest of the owners, being responsible before them of every infringement and damage.
• To communicate to the secretary of the Community, the mail address in Spain or elsewhere for notifications regarding the Community.
• If there is no notice of this mail address, it will be legally enough just the notification made to the apartment or premise and handed to whoever is using it at that moment.

If an attempt is made in order to notify the owner about anything regarding the Community and it become impossible to make it in the above referred place, this notification will be considered as fully and legally made by the posting of the communication in the bulletin board of the Community or at any visible place of Community use, formally expressing the date and reasons why this way of notification is used, signed by the Secretary and with the approval of the President.
Notification made this way produces same effects as the notice made in person.
• Every change of ownership title over the house/premise needs to be communicated to the secretary/President of the Community, by any means. Therefore, if you don’t communicate the sale of your property to the Secretary/President or you don’t do it in a clear way, you will keep being liable of the debts of the Community arising after the sale.(even though you can always claim the buyer back of the amount that was paid by you).
Obligations of the Community of Owners

The Community of Owners (CO) is obliged to make all the required building works for the due maintenance and conservation of the building and its services, so it will keep the required structural, habitability and safety conditions.

On the other hand, those owners who oppose or delay the execution of the Authority requirements, will be individually responsible of the sanctions that may be imposed by the Administration. Therefore, for instance, if the building is about to fall down and the Town Hall requires the repairs to the building, if there is a reticent neighbour and this makes the Community not obey, this neighbour will be liable, individually, of the sanction that may be imposed by the Town Hall.
The improvements in the building

No owner can demand new installations, services or improvements in the building which are not necessary for the needed conservation, habitability and safety of the building (i.e.- To change the front door of the building entrance for a more fashionable one… etc.)

If Community decisions for the installation of unnecessary items are reached and the installment to pay them is over 3 ordinary monthly installments for common expenses, that neighbour who doesn’t agree with them, is not obliged to pay them, and his/her community monthly installment cannot be increased or changed, even when it is impossible to deprive him/her of the improvement made by the Community.

Obligations of the Community of Owners

The Community of Owners (CO) is obliged to make all the required building works for the due maintenance and conservation of the building and its services, so it will keep the required structural, tightness, habitability and safety conditions.

On the other hand, those owners who oppose or delay the execution of the Authority requirements, will be individually responsible of the sanctions that may be imposed by the Administration. Therefore, for instance, if the building is about to fall down and the Town Hall requires the repairs to the building, if there is a reticent neighbour and this makes the Community not obey, this neighbour will be liable, individually, of the sanction that may be imposed by the Town Hall.
The improvements in the building

No owner can demand new installations, services or improvements in the building which are not necessary for the needed conservation, habitability and safety of the building (i.e.- To change the front door of the building entrance for a more fashionable one… etc.)

If Community decisions for the installation of unnecessary things are reached and the installment to pay them is over 3 ordinary monthly installments for common expenses, that neighbour who doesn’t agree with them, is not obliged to pay them, and his/her community monthly installment cannot be increased or changed, even when it is impossible to deprive him/her of the improvement made by the Community.


Owners in payment default
Owners of apartments/premises are obliged to make the payment of the corresponding fees on time and according to the way that had been determined by the Meeting of owners.
If payments are not met by any/some owners, the President or the Administrator, if the General Meeting decided so, can claim the debt in legal way by presenting a lawsuit before the Court . Agreements of the General Meeting can be judicially opposed in the following cases:
• When they are against Law or Statutes of the Community of owners.
• When they seriously damage the interests of the Community or those of one or some of the owners.
• When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.
Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.
The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..
The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year.
It could be convenient to ask a lawyer about the convenient legal action .
The Minutes of General Meeting of Owners
The agreements of the general Meeting of owners must be written on an official Book of Minutes, this book is approved by the Land Registry where the building is registered.
The minutes of each meeting must contain:
• The date and place of the meeting location.
• The promoters of the location
• Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
• A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
• The Agenda.
• The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.
The minutes must be finished with the signatures of the President and the Secretary that same day or within the following ten natural days.
The minutes of the meetings must be sent to all the owners at the address designed by them, if address is unknown, they will be sent to the apartment which belongs to the Community or in the notice-board.
Any errors in the minutes can be corrected if expresses unmistakably the date and location, the present owners, in person or by representation, and the agreements met, with the indication of the votes in favour or against.
The correction must be made before the following General meeting of the owners that must ratify the corrected version.
The Secretary must keep the books of minutes of the Meeting of owners. Likewise he must keep, during a period of time of 5 years, the calls, communications, and powers of representations and the rest of the important documents of the meetings.

Lawyer and Procurator are not legally required for this kind of lawsuits. Nevertheless, it is advisable to use these legal professionals, and, due to the complexity of the matter, it is almost essential to be assisted by one of these professionals, especially bearing in mind that, once the judicial proceedings are finished , the costs of their fees can be reclaimed from the debtor (it is called the “condemnation in expenses”).
To start these proceedings needs the previous certification of the agreement of the Meeting, approving the collection of the debt with the Community of owners by the Secretary, with the approval of the President, and it also requires that this agreement has been correctly notified to the affected owners.
Once the demand is presented and registered in a Court, the Judge will require the defendant to either pay to the plaintiff Community, in a period of 20 days time, by depositing it in Courts, or to appear in Court and argue their positions, by an opposition writing, stating the reasons for not paying the whole or part of the required amounts.
If the defendant does not appear in Courts or he does not oppose the lawsuit, the Judge will order the execution of all his goods (which could be the apartment or premises) with the possibility of being seized and sold by public auction for the recovery of the debt, plus interests, judicial expenses and notary expenses involved.
Even though the defendant owner presented an opposition writing against the Community’s lawsuit, the Owners can ask for a preventive seize of goods which is estimated as enough to cover the claimed amounts, plus interests and costs.
Once the judicial proceeding is over, the Judge will impose the costs to the party whose allegations have been totally rejected.
The condemnation to pay costs will contain the lawyer’s fees and Procurator of Tribunal’s fees of the lawyer and procurator of the winner.

Agreements of the General Meeting can be judicially opposed in the following cases:
• When they are against Law or Statutes of the Community of owners.
• When they seriously damage the interests of the Community or those of one or some of the owners.
• When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.
Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.
The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..
The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year.
The Minutes of General Meeting of Owners
The agreements of the general Meeting of owners must be written on an official Book of Minutes, this book is approved by the Land Registry where the building is registered.
The minutes of each meeting must contain:
• The date and place of the meeting location.
• The promoters of the location
• Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
• A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
• The Agenda.
• The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.
The minutes must be finished with the signatures of the President and the Secretary that same day or within the following ten natural days.
The minutes of the meetings must be sent to all the owners at the address designed by them, if address is unknown, they will be sent to the apartment which belongs to the Community or in the notice-board.
Any errors in the minutes can be corrected. The correction must be made before the following General meeting of the owners, that must ratify the corrected version.
The Secretary must keep the books of minutes of the Meeting of owners. Likewise he must keep, during a period of time of 5 years, the calls, communications, notice Agreements of the General Meeting can be judicially opposed in the following cases:
• When they are against Law or Statutes of the Community of owners.
• When they seriously damage the interests of the Community or those of one or some of the owners.
• When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.
Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.
The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..
The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year.
It could be convenient to ask a lawyer about the convenient legal action .
The Minutes of General Meeting of Owners
The agreements of the general Meeting of owners must be written on an official Book of Minutes, this book is approved by the Land Registry where the building is registered.
The minutes of each meeting must contain:
• The date and place of the meeting location.
• The promoters of the location
• Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
• A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
• The Agenda.
• The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.
The minutes must be finished with the signatures of the President and the Secretary that same day or within the following ten natural days.
The minutes of the meetings must be sent to all the owners at the address designed by them, if address is unknown, they will be sent to the apartment which belongs to the Community or in the notice-board.
Any errors in the minutes can be corrected if expresses unmistakably the date and location, the present owners, in person or by representation, and the agreements met, with the indication of the votes in favour or against.
The correction must be made before the following General meeting of the owners, which must ratify the corrected version.
The Secretary must keep the books of minutes of the Meeting of owners. Likewise he must keep, during a period of time of 5 years, the calls, communications, powers of representations and the rest of the important documents of the meetings.