Last updated on October 28th, 2019 at 04:22 pm.
There are countless urbanisations each hosting their own community of property owners (Comunidad de Proprietarios) throughout Spain. On the whole they can be beneficial organisations. The intention is that through the annual general meeting decisions are made relating to the community and its upkeep. Common elements, such as swimming pools, stair wells, garden areas and other community facilities are cared for collectively.
However, having a community of owners does have its draw backs. Permission must be sought if you want to alter your property and rules for the use of community facilities in Spain are set by the community as a whole.
Some communities function extremely well. They enable the maintenance of a high standard of appearance for their properties and ensure the behaviour of those ‘passing through’ such as those renting or visiting.
However, there can also be difficulties. Enforcing the payment of community fees and disagreements between community members are two of the complaints most regularly featuring on forums and in discussions. It is well worth finding out more about your community of owners before buying the property.
Community fees
Each owner is assigned a percentage (cuota) of the annual expenses, and this percentage is shown on the Title Deeds of the Spanish property. The charges vary from community to community and it is one of the questions you should ask when purchasing.
The fees might be collected by standing order monthly, quarterly or at longer intervals. They are used to pay for expenses such as:
- The maintenance of lifts and communal areas
- Cleaning, sweeping and tending of outdoor garden areas
- Costs of running the community itself e.g. payment for the administrator
- Upkeep of security such as gates and doors
- Maintenance of swimming pools
- Community personnel such as a security guard or caretaker
The collection of community fees can be an issue in some communities. For example, it can be a particular problem where there are a large number of unpopulated houses or where there are difficulties collecting fees. This can cause tensions and additional expense for those using the facilities.
There are methods of recovering debts but they are not easy to pursue and some properties on communities lapse until the property is sold. If you do not pay your fees then you can still attend the community annual general meeting but will not be allowed to vote to elect either the Secretary or the Administrator. You will also be prohibited from contesting any decisions taken.
If the fees are not collected then they remain as outstanding debts against the property. When the owner comes to sell either they or the buyer will have to settle these before the property can change hands. A good solicitor will ensure that the community certificate of debt is checked at the Notary’s office.
People sometimes confuse their community fees with their council tax. Remember there will still be Spanish council tax to pay to the local town hall. This tax pays for the services that the council provides such as major road maintenance and street lighting external to but leading up to your urbanisation.
How is the community run?
Every community of owners must have a President who must be one of the property owners. They must also have an administrator who understands the law and how a community operates and fees are charged for this service. There is usually a college for administrators somewhere within the region who can supply administrators .For example, in the province of Alicante there is the Colegio de Administradores de Fincas de Alicante.
Members are entitled to attend the Annual General Meeting and should receive notification of when this is being held in sufficient time for them to arrange their attendance. Participants should be informed of the order of business and have the right to express their opinions and the right to vote at the meeting.
During the Annual General Meeting the president and administrator will be elected and the budget for the past and coming year should be discussed. The Statutes of the Community should be approved and any internal rules agreed. The president may also call an Extraordinary General Meeting.
The meeting will most likely be held in Spanish, depending on the balance of native and foreign speakers. There might be opportunity to vote to change the language the meetings are held in. If you are not able to attend you can appoint a representative and can delegate your vote to another member or appoint a proxy.
Minutes of meetings are recorded in a book (libro de actas) and these can be used as evidence in court proceedings. The administrator will keep the book of minutes.
How do I join one?
There is no option of joining or not joining a community of owners. You are immediately a member once you have bought your property and must abide by the legal rights and obligations that come with it.
What happens if we don’t have one?
In some cases urbanisations have found that their community has no real purpose. Perhaps there are few shared facilities and the property owners feel generally that their needs would best be served by the council. Where this is the case, there is an alternative. If your urbanisation has no real common elements then it can be possible to unanimously dissolve the community.
Overall, the concept is a good one and having agreed rules to abide by can prevent many of the niggles between neighbours that can occur otherwise.
It might be of your interest...
104 comments
30 October, 2019 9:02 pm
Have the following questions
The board is refusing to have the AGM end april when most owners present. but insist on early in the year.
There is one owner ON THE BOARD having a majority of shares (Investment company) during meetings
of the bioard and AGM
There is one BIG Owner (A Bank) never voting.
This means that whatever individual owners are proposing in a AMG against the investor
nothing can be done because the investor dominates the AGM
Do you see a solution?
Would highly appreciate your advise
5 November, 2019 1:57 pm
Hello,
Regarding the date of the meeting, the law says nothing about it but the resolutions stipulate that the AGM has to be on a reasonable date in which it can be guaranteed that the neighbors can attend and also notify them in advance so they can organize the assistance non-residents The date of the next AGM is voted in the previous meeting. If they disagree with the agreed date, they have one month since they receive the minutes to file a complaint with the administrator / president or in court.
On the other hand, unfortunately they cannot do much against the investor since if he has the most votes / quotas, he will have a majority. Therefore, provided that the investor complies with the law and the norms of the community, no action may be taken against him.
With kind regards,
Ábaco Advisers
12 November, 2019 5:49 pm
How the VAT is treated on community fees? Are they VAT exempt? The community of property owners cannot claim input VAT?
Do you know the rule?
Would highly appreciate your advise. Thank you.
13 November, 2019 10:00 am
Hello Bonny,
VAT will be treated differently depending on the matter. For example works done to maintain or small repairs the communal areas in the community will be charged with VAT at 21% but if it is works like for example putting in an elevator in the community this is taxed at 10% VAT.
We are not experts in this matter, but we recommend you contact the administrator in your community who will be able to assist you in the matter.
Here is also a link to some useful FAQs that are responded by the Spanish Tax Authorities:
With kind regards,
Ábaco Advisers
6 February, 2020 12:19 pm
Hi, I have one question regarding the attendance of “administrators” at the AGM. One of the topics for discussion at our up coming AGM is the election of the administrator. The intention is to select a new one as the community is not at all happy with the current one. In the UK & US at company board meetings you can do something called “in camera” sessions, where certain people are asked to leave as the topic is confidential or could cause conflict. We intended to use this approach at this point in the agenda as we did not want the admin agent sat there taking minutes and making representations when we are are in effect sacking them and selecting a new one and exploring their difficiencies”. However the admin agent has rejected the idea of an “in camera” session (probably becuase they know what is coming), stating by Spanish law they “as the secretary of the community approved last year will not sit out any part of the meeting”. Is this true? If so how can we achieve our aim?
11 February, 2020 3:14 pm
Hi there,
Unfortunately it is true, they will not sit out any part of the meeting, even if you wish to discuss the matter of changing administrator.
With kind regards,
Ábaco Advisers
25 March, 2020 8:38 am
Hello there. I am an English resident of a small community in Benidorm. The community has thirty apartments. I understand that if elected or selected through “drawing straws”, a President of a community cannot refuse to perform the role unless sanctioned by a judge. On what grounds would this appeal likely to be successful? My interest is academic only at the moment but I do not feel that I would have the competence to perform this role if I were ever burdened with it. Essentially, although I can speak some Spanish (low intermediate level), I do not have the Spanish language skills to execute the role and although it would probably be of no concern legally, I have neither the time nor the interest to perform this role conscientiously. It would appear to me extremely stupid for a community to appoint someone as a President under these circumstances but crazier things have been done!
27 March, 2020 4:34 pm
Hi Andrew,
According to the horizontal property law, the president is appointed by election or, if no one proposes, by rotating shift or lottery. The appointment is mandatory, although the designated owner may request his release to the judge within the month following his access to the position, explaining the reasons one may have. The judge will then decide by appointing the owner to replace in his case.
Likewise, the judge may be called upon when, for any reason, it is impossible for the Board to designate the president of the community.
With kind regards,
Ábaco Advisers
23 July, 2020 5:06 pm
Does a Community committee have any authority. Can they stop excess traffic on Community Calle´s ?
23 July, 2020 9:14 pm
Sorry Trevor, not completely sure what you are reffering in this case. Could you please clarify your query?
Thank you very much in advance.
Kind regards,
Ábaco Advisers
24 July, 2020 9:16 am
I recently purchased a property with a community of 20 small houses. The builder owns one of the properties and has declared himself President. I am being asked to pay a monthly fee towards the upkeep of the pool. During the 8 years since these properties were built, the owners have not received any annual financial accounts and also there hasn’t been any AGMs. I do not mind paying the fee but would like some accountability. The annual community income from the owners is over 8000€ just to maintain a small swimming pool that has no lighting or garden.
This does not seem right?
24 July, 2020 9:47 am
Hi Barry,
You should have at least one anual AGM meeting and we would recommend you take up this matter with the President and the Administrator so they can show you the bookkeeping of the community.
With kind regards,
Ábaco Advisers
20 November, 2020 7:27 pm
Our community AGM for this year has been postponed due to COVID and it’s likely that it will not take place until next year. However, we have a matter we would like to raise which requires community approval and have requested that the meeting be held via Zoom but the administrator has said that this is not possible and that the meeting has to be held in person. As long as the notice given and we adhere to the by laws are you able to advise as to whether we could host remotely via Zoom?
many thanks
24 November, 2020 12:46 pm
Hi Helen,
Spanish law, specifically the horizontal property law, establishes how the neighborhood meetings will have to take place. It is clearly stipulated that it has to be in person and there is no possibility that they are to be arranged online. Given that the law does not contemplate it, it is understood that meetings cannot be held via Zoom, Skype, etc. Until the law is changed and adapted to the situation, annual neighborhood meetings must be in person. One of the reasons is that there may be neighbors who are not prepared to hold a meeting in this way (for example, elderly people) and they want to guarantee their rights of participation. Another reason is to avoid fraud due to lack of means.
With kind regards,
Ábaco Advisers
30 November, 2020 2:47 pm
Can in excess of 25% of owners call an EGM. Burofax sent to the president with all votes but he chose not to act on it but clearly informed the Administrators who just put up a notice to say the meeting was illegal. Some Spanish owners have branded the meeting illegal as it was not called correctly ?
1 December, 2020 11:53 pm
Hi Linda,
According to the Horizontal Property Law, the Board of Owners will meet at least once a year to approve the budgets and accounts and on other occasions that the president deems appropriate or is requested by a quarter of the owners, or a number of these representing at least 25 percent of the participation quotas.
We would need to see the specific case you are discussing and how it was called in but it does seem that it has been arranged according to the law.
Hope this information is useful.
With kind regards,
Ábaco Advisers
27 December, 2020 4:49 am
My elderly father (now 90) has a complicated issue. He has a Spanish apartment that was rented to the ‘President Of The Community’s ‘ son . The president used to pay my father’s letting agent (now dissolved) the rent in cash on behalf of her son and did so for over a year., while the son paid the monthly Comunidad. They stopped paying rent in 2009 because they claimed my father was not the owner because the deeds were never updated with my fathers name. Anyhow after saving some monies we went through the courts and my father was deemed to be the owner since 1980 (when he purchased the property) and the deeds updated in 2016. Since then we have spent 4 years trying to evict the President’s son from our flat because he has used free legal aid and kept appealing to higher courts (even the Supreme Court Of Spain), sacking his lawyers , etc to delay proceedings (it seems he has also been subletting our flat too with the obvious knowledge of the ‘Community Of Owners’). We are now close to evicting him but since 2009 we have never received any communications from the Community of owners (regarding any Comunidad debts being owed ). Once he is evicted, we have concerns whether we will end up having to pay some backlog of Comunidad debts that were supposed to have been paid by the Presidents son. The son and the ‘Community of Owners’ (ie . President (mother), Secretary (father) and the Administrator) worked together providing evidence in the courts against my father in their ‘failed’ appeals to delay the President’s son eviction . Is it legal for the President /Community Of Owners’ to be working together trying to get personal benefit (ie. rent free accommodation for the Presidents son) to the detriment of another unit owner (ie. my father)? We seem to have a ‘perfect storm’ of conspiracy happening to make my fathers (and our lives) a misery. What do you suggest we do to put right this injustice? Should we inform the other unit owners of the current situation so that they can vote for the removal of the ‘Community of Owners’ ? What if the Comunidad has not been paid by President or her son ? What about the rent that they withheld paying for the period 2009-2016 , shouldn’t they have informed the whole community about the situation and deposited that rent in the ‘Community of Owners’ bank accounts to be ‘shared’ by the whole community?
4 January, 2021 1:59 pm
Hi Keith,
Thank you for contacting us and sorry to read about the situation.
It doesn’t seem like a case we can help with directly as you will need a specialized lawyer that assists you in the matter. Nevertheless we can inform that of course the neighborhood committee (president, secretary, etc.) must fight for the rights of the community owners and not for their own benefit. Therefore, at first glance, what they have done does not seem to be completely legal. We believe you should take up the matter at the next community of owners meeting and change the charges if necessary.
The issue of community debts that may exist should have been communicated directly to you. If you have proof of the agreement reached with the president’s son (that he would take care of the community expenses) then it will be easy for you to claim it.
The outstanding rent from years ago will have to be claimed from the tenant and if he does not pay it amicably you will have to go to court.
As we believe think it is something that is most likely going to end up in court, we would highly recommend that you find a local attorney so that he can represent you.
If you need any assistance with finding a lawyer that can assist you please do not hesitate to contact us at info@abacoadvisers.com
With kind regards,
Ábaco Advisers
19 March, 2021 6:49 pm
I believe that non owners can attend the community AGM as observers. However, only fully paid up owners are allowed to actively participate in the discussions at the AGM including the casting of votes etc.
If a non owner attempts to actively participate in or influence agenda item discussions at the AGM, then the President and/or the Secretary/Administrator must halt the AGM and seek the ejection of the non owner.
Can you confirm this to be the correct procedure please?
23 March, 2021 1:29 pm
Hi,
Thanks for your query.
Only the owner of the property may attend the meeting, and in the event that there are more than one owner (for example a married couple), only one of them would attend, or a third person will be represented in writing/power of attorney to to attend on their behalf. This is regulated in the Horizontal Property Law, in Article 15, which also says that “The owners who at the time of the meeting were not up to date with the payment (…) may participate in its deliberations if either they will not have the right to vote.”
Non-owners are allowed to attend the Meeting in certain cases such as tenants, advisor/lawyer of an owner, etc. In these cases they do not have the right to speak or vote (unless a neighbor has given them representation in writing as mentioned before of course). Providers can also attend (for example, someone who comes to explain the installation of gas, TV antenna, A/C, etc.) who will only answer questions and talk about the specific topic.
If a non-owner does not have justified cause this person cannot attend the meeting. In case of having a specific justification, the law does not say anything about the expulsion but if he requests voice or vote, it is accredited that they ask him to leave the meeting.
Hope this can be of assistance.
With kind regards,
Ábaco Advisers
9 July, 2021 8:04 pm
Hello, My partner and I are co-owners of two apartments in the same urbanisation. We are not married and are not in a civil partnership. Can we each vote at the urbanisation’s annual general meeting? Thanks, Ian
25 July, 2021 10:09 pm
Hi Ian,
I understand, as you say, that each one owns an apartment and you want to be able to vote indistinctly for the two homes (that is, to represent each other). The answer in any case is that any owner can authorize a third person to represent him/her at the meeting. Therefore, as each apartment corresponds to one of you, you will need the authorization of the one who does not attend the meeting to vote in his behalf.
A letter signed by the owner will suffice for him/her to vote and participate on behalf of the non-attendant (art. 15 LPH).
Hope this information is of assistance.
With kind regards,
Ábaco Advisers
15 July, 2021 4:19 pm
Our community president wants to change the voting for president and committee members to postal voting only, with no voting for this at the AGM and the result known by him and the administrators before the meeting, and announced at the meeting. He says he has been advised by the administrator that he can personally introduce a change to the voting system in respect of president, Vice President and committee members without it being agreed by the community of owners. We do not think this can be right. Surely any changes to a voting system must be first agreed at an AGM and then introduced the following year? Would very much appreciate your advice.
25 July, 2021 10:05 pm
Hi David,
The voting system cannot be changed unilaterally by the Administrator. The only way to vote at the meeting provided by law is personally or through an authorized person who attends the meeting on behalf of the owner.
Due to the pandemic, a law was approved regulating telematic meetings and votes as long as all residents have access to the appropriate means. Therefore, it must be consensual among the neighbors and cannot be decided by the president / administrator. If a single neighbor does not have means of access to the telematic channels, this method cannot be used.
Except for exceptional situations, the board must meet once a year at least.
Hope this information can be useful for you.
With kind regards,
Ábaco Advisers
7 August, 2021 11:52 am
I live on a community of over 200 apartments and, like most communities, some are owned by full time residents, some are owned by those who use them as their own holiday apartment and some are owned by investors who let on a weekly basis to holiday makers.
Some of these investment apartments are occasionally let to single-sex groups, more often during the summer and these few often cause disturbances for the community.
I have 3 questions, the first is…
Could an internal rule be made (assuming it could be passed at an AGM) that no owner can let to single-sex groups?, that is 3 or more guests – perhaps with a sub-clause to clarify that single-sex couples are not affected by this rule.
2nd…
Is there a limit as to how many proxy votes one person can be given?
3rd…
Is there a minimum percentage, either quota or of owners voting (either in person or by proxy), to pass a new rule. In the past a new rule has been passed by only 15% of the owners.
Thanks in advance
9 August, 2021 1:24 pm
Hi Vinent,
Thank you for your message.
As response to your queries.
1. Yes, this could be agreed but it would have to be agreed by everyone, nevertheless it is very complicated to know exactly what each person does in their home. They could make tenants sign a commitment to comply with the community regulations.
2. There are no limits.
3. There must be the minimum quorum established by law and it must be adopted unanimously by the attendees. Whoever does not attend the AGM has a month from the moment they receive the minutes to make allegations. The percentages depend on the rule to be applied. It would be necessary to see if its internal rules establish something different from the Law. In that case, its rules would be applied preferentially.
Hope this information is useful.
With kind regards,
Ábaco Advisers
11 October, 2021 1:36 pm
The community where I own an apartment consists of two buildings the largest containing 14 small apartments of various sizes. My apartment is in a smaller building which consists of 4 equal size apartments. Both blocks now require painting. The cost for our block is 6.400€ of which I presumed I would pay 25% (1.600€) however 3.000€ has been taken from my bank account by our administrators presumably because at least one definitely and probably a second owner in our block are in debt and therefore not contributing. Can I demand a refund of 1.400€.
14 October, 2021 7:39 am
Hi Eileen,
Thank you for your message.
For the community to charge these amounts we assume that a general meeting has taken place and this matter has been voted and agreed upon. We recommend checking with your community to see what agreements have been met.
With kind regards,
Ábaco Advisers
16 October, 2021 1:56 pm
February 2020 we had an AGM, here the administrator was not re-elected, but a new administrator was not proposed and hence not elected. At this point we were virtually without administrator? A few weeks later an EGM was planed to elect a new administrator. This EGM could not take place because of COVID. Since then the acting (not re-elected) administrator continued the job.
Now 26/10/2021, 19 months later, a new EGM is planed that contains an agenda point “Selection and appointment of the new administrator”, with thee candidates listed. The invitation and agenda were send by the President without informing the “acting” administrator. So the EGM will be held without administrator present.
I proposed, by e-mail, in addition the acting (in 2020 not re-elected) administrator as candidate for the new administrator job. This was not accepted by the president.
Questions:
– Is it acceptable to hold an AGM/EGM withhout an administrator present.
– Can the president reject the candidacy of an administrator who was 19 months earlier not re-elected.
I Would highly appreciate your advise
19 October, 2021 7:39 am
Hi Luc Van Hove,
As for the first question, it depends on the specific position of the administrator. That is, if you are administrator and secretary or only administrator. It also depends on the specific regulations of the community. If you only have administrator functions in principle, there would be no problems to hold a meetin. However, if he is the secretary-administrator, the meeting could be contested if he is not summoned since the secretary is the one who must write the minutes and sign them together with the president. This is what the Law says but it could be that the statutes of your community regulate something different. It also depends on the interpretation of the judge in your case, that is, if there is urgency in the EGM, if there are conflicts of interest, etc … Ultimately it depends on the specific case.
Regarding the second question, with the information we have, the president cannot reject the candidacy.
With kind regards,
Ábaco Advisers
19 October, 2021 9:04 am
My apartment is one of 70 with 7 blocks of 10 apartment. The urbanisation is around 50 years old. Water is paid from our community fees, the bills aren’t hugely expensive. There is mentioned of installing indiviual water metres. My thoughts are that this would increase costs, as each would recieve a minimum charge plus usage. Do you have any advice, information?
19 October, 2021 10:43 am
Yes, most likely the costs will increase. We would recommend to check with the AGM how this will affect you as they will be aware of the existing costs you have and what you are expected to pay once the change has been made.
With kind regards,
Ábaco Advisers
19 October, 2021 9:25 am
I have a long term tenant, in my apartment. She would like to attend the AGM, which I am very supportive in her doing. I understand she would not have voting rights, unless I alloate my proxy to her, but can she attend and contribute to general discussions. Is this allowed?
19 October, 2021 10:45 am
We recommend she has an authorisation or proxy, to be presend and to vote, on your behalf to avoid any issues or that they do not grant her permisssion to assist.
With kind regards,
Ábaco Advisers
19 October, 2021 9:27 am
I have 4 apartments on the same urbanisation. Can I allocate a proxy for attendance and voting at an AGM for one of them to my long term tenant and retain voting for the others? If so can we both attend the AGM and vote?
19 October, 2021 10:46 am
Hi again Susan,
You can give this person proxy to vote for the quota of your 4 apartments.
With kind regards,
Ábaco Advisers
22 October, 2021 9:37 am
Our President has stated that once again in 2021 there will not be an AGM, “because of Covid “. This was the reason in 2020. So 2 years have passed without an AGM.
There are various issues which require to be discussed and decisions made. We , one owner, have put certain points in writing to the President ( who incidentally is not in residence, at least for the moment) but he never responds unless he is personally affected.
Is he obliged to call the AGM?
25 October, 2021 8:58 pm
Sorry, not sure we understand your query. Could you please clarify your query?
Thank you very much in advance.
With kind regards,
Ábaco Advisers
26 October, 2021 11:09 am
Our problem is that we have an egotistical, manipulative President in post who will not listen to any queries/concerns about the urbanisation, it’s his way only!
Unfortunately any attempt to criticise him is met with what can only described as abuse (from his partner).
This recently culminated in a public very toxic post (on our community chat app.) directed at my husband and I.
Are we within our rights to ask for a public apology as this was very personal abuse, totally inaccurate and untrue.
27 October, 2021 7:49 am
Hi,
Unfortunately it is not within your rights to ask for a public apology, but you can always try to change the president of the community at your next AGM meeting.
With kind regards,
Ábaco Advisers
2 November, 2021 6:31 pm
Our Community held a EGM (called by amassing 25% of owners signatures) where only some owners were informed by social media and some known and otherwise obtained email addresses. The administration were not invited and so we’re not able to attend and the President and 1st Vice President didn’t attend, believing the meeting to be illegal. The meeting and it’s minutes were taken and signed by an owners wife (not on the deeds) who ‘performed’ the role of legal secretary. This person holds no professional SPANISH qualifications for an administrator and or secretary. Quite aside from the fact that not all owners were informed, under article 13.6 of the LPH am I right in understanding that the owners wife’s position as secretary was illegal thereby rendering any voting for a new President or new administration inadmissible?
3 November, 2021 5:41 pm
Hi,
Apparently the meeting is illegal from the very moment it is called, since ALL the owners must be informed in a reliable way (it would not be enough to do it through social media). For example, it would have been valid to send a letter to each of the properties or an email if this means of contact has been chosen.
On the other hand, the secretary must be an owner or a competent administrator.
You may therefore act against the decisions taken at this meeting. Your administrator can explain the process to you. If the out-of-court process is not sufficient, you will have to go to court to reach an agreement.
With kind regards,
Ábaco Advisers
7 November, 2021 11:03 am
How many years can a President of a urbanisation stay in office is there time limit
Thank you
9 November, 2021 9:37 am
Hi Rob,
Normally, the presidency of the community by the same person has a minimum duration of one year. However, as an exception, it may be the case that the statutes or the General Meeting of Owners agree and approve another term, that could either be shorter or longer. As long as they are re-elected when voted there should not be any issues with that.
With kind regards,
Ábaco Advisers
18 January, 2022 12:57 pm
Hello
One of the secretaries working for the administrator is also owner of a bungalow in our community. Now she candidated as vice president and was voted. Is this case a of CONFLICT OF INTERES. In 3 months the president will retire so she would take his place as president!
19 January, 2022 12:48 pm
Hi Frank,
There is really no conflict of interest as she simply works for the administrator but as such has no decision-making power. In any case, the law even says that the administrator and the president could be the same person, so there would be no problem:
Art. 13.5 Ley propiedad Horizontal:
The functions of the secretary and the administrator will be exercised by the president of the community, unless the statutes or the Board of owners by majority agreement, provide for the provision of such positions separately from the presidency.
Hope this is information is of assistance.
Kind regards,
Ábaco Advisers
18 January, 2022 1:14 pm
Hello
I have an other question.
The last meeting was few weeks earlier announced as an EGM. Was then canged to AGM. A majority of owners living abroad sent the EGM proxi to the person they wanted to represent them. Now at the meeting all EGM proxis have been declared as useless.
Is it correct not to take in consideration that they probably involuntary may have thought that the second letter was just a reminder to vote?
Thanks and regard
Frank
19 January, 2022 12:49 pm
Hello again Frank,
If the neighbours were informed in advance and by the means established by the law and the statutes of the community there is no negligence as the owners are somehow obliged to read the correspondence of the community of neighbours.
The only thing that could be looked at is the authorisations that have been withdrawn in case they were general, perhaps they could have been accepted. In other words, check the format of the rejected authorisations. If there are a lot of neighbours affected, you could ask for a repetition of the meeting or vote for this reason.
Kind regards,
Ábaco Advisers
24 January, 2022 8:34 am
Frank Lobran
An originally called EGM was short time after changed to an AGM.
Round 70% of the community house owners (181 bungalows) are from foreign countries. At the AGM most of them could not be present so they sent their Proxi to the President. Of the 22 Proxis 18 have been cancelled because the the Proxis used by the mostlty out of Spain living owners were the EGM ones.
As the change from EGM to AGM was decided in a relative short time, could the EGM Proxis have been declared valid?
11 February, 2022 9:38 pm
Hello again Frank,
If the neighbours were informed in advance and by the means established by the law and the statutes of the community there is no negligence as the owners are somehow obliged to read the correspondence of the community of neighbours.
The only thing that could be looked at is the authorisations that have been withdrawn in case they were general, perhaps they could have been accepted. In other words, check the format of the rejected authorisations. If there are a lot of neighbours affected, you could ask for a repetition of the meeting or vote for this reason.
Kind regards,
Ábaco Advisers
9 February, 2022 10:24 am
Hi,
Can the AGM be recorded for ease of producing the minutes? If so can any owner demand a copy of such recording? Our complex is of 21 residential units in Puerto del Carmen Lanzarote.
9 February, 2022 1:13 pm
Hi David,
We understand that the meeting could be recorded as long as ALL attendees agree and give their written consent in terms of data protection and image rights (in case of video). As to whether any neighbour can ask for a copy, it depends on what they agree and they should also give written consent from the attendees.
If it is something that is going to be done as a general rule in the community and all the neighbours are in agreement, it is best that a general permission is signed by each of the neighbours. In this permission you can add the issue that each neighbour can ask for copies or not. In this case, if a person attending the meeting is not the owner (and therefore signatory of the authorisation) – for example a tenant or the owner’s lawyer – he/she must give permission at the same time. In the case of video recording, you have to take into account the sensitive issue of incapable persons and minors.
With kind regards,
Ábaco Advisers
25 February, 2022 10:46 pm
Our community president in Tenerife seems determined to remain in office and will use the community website to attack the character of any person who goes against him. He calls them agitators, he publishes lies about them.
Recently he appointed a committee person midterm and then sacked him because he spoke to one of the so called agitators.
He has now announced that an entire new committee is in place even though no vote has taken place since 2019.
He has also announced that the 2022 AGM will take place behind closed doors , only the president, VP, Secretary, ( his wife) and administrator will be present.
Is any of this legal, .
The administrator just goes along with anything the president says .
Help
1 March, 2022 11:34 am
Hi Vicky,
Regarding the post and insults made to third parties on the web, you should report it to the Guardia Civil as it could be seen as a crime.
The board must be elected at the AGM meetings, so the president cannot freely dismiss them. The AGM must meet once a year with all the neighbours according to the Horizontal Property Law, so in principle it cannot be held behind closed doors with only a few attendees.
With kind regards,
Ábaco Advisers
24 April, 2022 6:10 pm
What is the minimum percentage of owners required to hold an AGM
27 April, 2022 9:16 pm
Hi David,
At the first meeting call, the majority of the owners representing the majority of the participation quotas must be present. Otherwise, a second meeting call will be made, this time without a minimum number of owners. The Meeting will meet on second call at the place, day and time indicated in the first summons, and may be held on the same day if half an hour has elapsed since the previous summons.
Normally, the administrator or chairman will summon the first and second summons at the same time in the same letter. This is done on the understanding that the minimum quorum required for the first summons will not usually be reached.
Hope this information is useful for you.
With kind regards,
Ábaco Advisers
23 May, 2022 2:05 pm
what is the legal requirement to expunge an AGM meeting?
23 May, 2022 2:19 pm
We would recommend you to check with a specialised lawyer to analyse the viability to expunge an AGM meeting or certain decissions of the meeting, and to advise you on your rights and obligations if you wish to do so. You must also be able to prove that you are up to date with all payments to the community, and it is very important that you have voted against what you wish to challenge, that you did not attend or that you were prevented from attending the meeting for any possible reason.
In the event that the agreement can be challenged, a lawsuit will have to be filed in court and the so-called ordinary procedure will be followed.
With best of luck.
Kind regards,
Ábaco Advisers
6 September, 2022 10:44 am
Can one owner reprecent several owners when voting at the agm?
7 September, 2022 12:32 pm
As long as they have a signed authorization that has been confirmed by the administrator there should not be an issue.
With kind regards,
Ábaco Advisers
25 September, 2022 11:00 am
Hi, we had our community AGM yesterday, presided over by the Vice president (as the president was in hospital) the Administrators and a translator, it never really got started as several owners had queries as to the rules which the meeting was going to go by, either the Statutes or Horizontal law. Their was a solicitor invited by the would be President, the meeting was very heated and after 2 hours the Administrator asked, several times, do you want the meeting to go ahead? The answer was yes, he then asked if we could have a vote on those that disagreed with the accounts, to which many put up their hands. At that point the translator left, quickly followed by the Administrators leaving a room full of very confused and disgruntled people.
Our question is where do we go from here? Do we call an EGM? Have we got a President, an Administrator? Who looks after affairs now? We did collect names from those left in the room for having an EGM.
26 September, 2022 9:05 am
Hi Sandra,
We would need to have more information regarding your case, but we assume that you will be receiving some type of communication from the administrator during the upcoming days to inform of the result of your last meeting and you will be able to make decissions out of this.
If you do not wish to wait you may contant the administrator now to get feedback regarding what happened at the last meeting.
With kind regards,
Ábaco Advisers
13 October, 2022 8:28 pm
Hi,
I am trying to find out about the proxys. Is it allowed or even advised that, before the meeting starts, we can see who received a proxy and if the proxy gives permission to take a stand in a or any matter?
We just had a AGM and I was surprised that we were never shown any proof of these proxys. How can we be sure the administrator makes a correct count on every topic?
Also, we have a Vice-president who enclosed his terrace without any approval from the community and now asks our approval. According to article 7 I believe he absolutely had no right to do this. Can we demand him to take this construction down?
17 October, 2022 5:50 pm
Hi Patrick,
The law does not say anything in particular about this, but logically you should have the right to see the proxies as long as they comply with data protection regulations. In any case, at least the president, secretary and administrator do have the right to see them.
The issue of the construction of the vice-president is more complicated as it is necessary to see the specific case: if there is a building permit, place of construction, type of extension, rules of the community in question, etc. Unfortunately we cannot give you a general answer on this point.
With kind regards,
Ábaco Advisers
30 November, 2022 1:12 am
If I own two properties in the same community am I entitled to two proxies.
30 November, 2022 9:28 am
The owner of several properties has a single vote at the meeting. Although we must establish a double quorum for the approval of any type of agreement, this is the number of votes and the percentage of coefficients in the community. This means that the vote of the owner of several prproperties is counted as that of a single owner in terms of persons, while this persons participation coefficients are the sum of all the persons properties.
With kind regards,
Ábaco Advisers
11 December, 2022 2:54 pm
hello i have an apartment in the canary islands on a community complex. I believe wrong doing with the community accounts, missing funds not accounted for. do i have the right to look at the accounts. the president and administration say i cannot.
11 December, 2022 9:55 pm
Hi Frank,
It is not possible to request a review of the community’s accounts or documents at any time and on the slightest pretext. There needs to be a serious and objective cause.
Wishing you best of luck.
Kind regards,
Ábaco Advisers
21 December, 2022 12:25 am
Can a decision made at at the AGM be overturned by an email vote at a later date without an EGM
21 December, 2022 10:48 pm
Hi Eva,
After the meetings, the owners have one month to object to the decisions taken. This can be done in any reliable way (e.g. by email) and must be reasoned.
After this month you could not take these decisions by email. In any case, it would be necessary to see the specific case, so I recommend that you discuss it with your property manager if there is one.
With kind regards,
Ábaco Advisers
7 March, 2023 2:33 pm
Hi
I am just enquiring if it is legally possible to have 2 people serving as joint President on a complex as they are both amenable to this.
Kind regards
Ann
9 March, 2023 10:47 am
Legally and officially the president can only be one owner. It may be that one is president and the other vice-president or that other participants assist the President in his functions in an unofficial way.
With kind regards,
Ábaco Advisers
9 March, 2023 4:05 pm
can a person who is not an owner attend an AGM?
can a owner give their proxy vote to a person who is not an owner?
13 March, 2023 9:26 am
Legally and officially the president can only be one owner. It may be that one is president and the other vice-president or that some other person gives a hand to the President in his functions in an unofficial way.
With kind regards,
Ábaco Advisers
16 March, 2023 11:50 am
Can our president change our yearly fee before the year end ?
16 March, 2023 3:16 pm
The president of the community cannot raise the fee unilaterally. It has to be voted by the owners’ meeting. It would be necessary to see the particular case for a possible exception for some urgent expense. Imagine for example that there is a danger of collapse in the common areas and that work has to be done to avoid any major issues, and the community does not have sufficient funds to cover the works. This would be a possible exception for example, but even so, it would be necessary to see the specific case for the possibility of holding an extraordinary meeting, extra payments (derramas), etc.
22 May, 2023 1:59 pm
Who is responsible for (e.g. Painting) a wall separating a common area and and a private area.
E.g. A common green area and a private garden separated by a Wall of 1m high.
22 May, 2023 3:17 pm
It will depend on the bylaws of the community of owners.
With kind regards,
Ábaco Advisers
28 May, 2023 6:45 am
I was President of a large community and held the AGM where I was replaced by a new President. The items on the agenda were not concluded on the day and the meeting was closed by me. The new President signed the minutes and sent them out without my agreement and has now called for a “continuation meeting” (not an EGM) three weeks later. The new meeting is covering the unfinished items from my agenda and using the proxy forms from the last meeting also. Debtors on the date of the last meeting cannot vote at the new meeting. I have been told by reputable administrators that a new meeting should have been called by the new President and having checked the HPL I see only options for an AGM or EGM . Our community voted for 28 days notice for a meeting in 2018 and this has not been given as this is apparently not an AGM or EGM just a “continuation meeting”. Our own administrator has said he must do what the President asks and will not confirm if the meeting is legal or illegal. Is this a legal meeting?
29 May, 2023 3:22 pm
Normally in case of adjournment of the meeting for justified cause the president will have to convene a new meeting (AGM or EGM). The previous adjourned meeting cannot simply be continued.
In any case, a study of the specific case, the causes justifying the adjournment, the attendees, etc. would have to be carried out in order to be able to advise you correctly. We would advise you to consult a third administrator and also to your existing administrator in writing in order to be able to take the appropriate measures against them in your case.
Wishing you best of luck.
Kind regards,
Ábaco Advisers
31 May, 2023 4:17 pm
Can a administration and President change a community rule by a majority vote the community rule has been voted on since 2012 by unanimous vote to say you are not allowed to leave dogs outside when owner is not present any help would be appreciated
1 June, 2023 3:51 pm
In general it is not possible for the president and the administrator to change the rules, however it depends on the specific statutes. If these statutes say something about it, it will have to be applied, so I recommend that you ask for a copy of the rules governing the community.
In any case, unless it is a question of courtyards or common elements, it is difficult for the community to regulate this issue if they are private areas. Unless there is a unanimous vote.
You can also refer to the animal protection law: Article 27 explicitly prohibits “habitually keeping dogs and cats on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or in vehicles”, and stipulates a series of offences for doing so.
Hope this information is useful for you.
With kind regards,
Ábaco Advisers
15 June, 2023 6:19 pm
are we allowed to leave a communidad and join one on the other side of the road? have no faith in the current President or the administrators. Regards John
19 June, 2023 10:13 am
If you are part of a community and you have a “cuota” in your comunidad it if very difficult to leave, you will have better chances trying to change your current president and administrator.
With kind regards,
Ábaco Advisers
3 July, 2023 1:30 pm
Our president wants to change the street lighting to solar lighting. In theory this is a good idea but unfortunately it will be to the cost of 14,500€ – our community of 59 owners cannot afford this and he wants the community to pay half and the owners a one off payment of 150€ to which some owners cannot afford to do – solar lighting is a unnecessary luxury we cannot afford. What is the law on a one off payment for something like this, what happens if people don’t pay. Also for the president to ask for a one off payment, should this be a unaminious vote by the owners.. surely people cannot be forced to pay this kind of monies.
3 July, 2023 3:56 pm
This kind of cost cannot be decided by the president alone. It has to be discussed at the meeting and voted on. Normally it could be approved by a majority, but it depends on the percentage of the total amount of the monthly amount they pay. And it also depends on your statutes.
I recommend that you discuss it with your administrator.
If you do not agree you will have to put it in writing in case you have to take legal action against the actions of the president.
With kind regards,
Ábaco Advisers
27 July, 2023 12:40 pm
Our Community in Spain had a list of Rules drawn up when the Community was formed, 36 years ago. At that time there were only three of the properties out of ten that were sold. We three owners were given a copy. Over the years and different Administrators the Rules were not copied to new owners. The Rules can only be changed at an AGM. They have never been changed. How can the Rules now be distributed to new owners and enforced. Do we need to get the new owners to agree or is it enough that there has always been Rules but they have not been given the Rules due to the mismanagment of the various Administators.
4 August, 2023 1:49 pm
When you buy a property that is in a horizontal division you are obliged to comply with the rules. Ignorance of them does not exempt you from this, so each owner should be obliged to know and comply with the rules governing the community.
The administrator must also be aware of the rules as she must have all the documentation of the community including the statutes or horizontal division.
In order to make any change, it has to be done in a meeting and unanimity would be required.
With kind regards,
Ábaco Advisers
11 August, 2023 12:00 pm
Hi there,
I have three questions:-
1. What’s the maximum allowed time for issuing the minutes of the AGM meeting to Owners.
2. What’s the maximum allowed time for commenting or rejecting items on the minutes of the AGM after it’s issued.
3. What’s the minimum time allowed to send the AGM Agenda and invitations along with the related documents.
Thanks in advance
14 August, 2023 1:04 pm
1. The minutes must be closed with the signatures of the chairman and the secretary at the end of the meeting or within the following ten calendar days (art. 19.3 Horizontal Property Law). The law does not define the maximum time for issuing the minutes, but it is assumed that they should be issued within 10 days. In any case, from the closing of the minutes the agreements will be valid and enforceable (unless they are contrary to the Law).
2. The action will expire three months after the adoption of the resolution by the Meeting of Owners, except in the case of acts contrary to the law or the Articles of Association, in which case the action will expire after one year. For the owners absent at the meeting, this period will be calculated from the date of communication of the Minutes. (art. 18.3 Horizontal Property Law).
3. The notice for the ordinary annual meeting must be given at least six days in advance, and for the extraordinary meetings, as much in advance as possible so that all interested parties can be informed (art. 16.3 Horizontal Property Law). The law does not differentiate between working days and non-working days, so that any call made or communicated six days in advance is fully legal.
With kind regards,
Ábaco Advisers
6 September, 2023 10:41 pm
Reading questions and answers very interesting. Recently our Community had an AGM – which resulted in a few days following the meeting the President resigned. The Administration called an EGM – Agenda stated purpose of the meeting was the appointment of a President. The majority of owners were not in Spain and unable to attend the meeting. New President was appointed. It appears that one of the owners who has their own agenda used the proxy votes to pass changes relating to plants on the complex. My concern is I did not vote for the removal of plants regardless of who owns them. I only gave my vote for the appointment of a President. This person is trying to push her own Agenda- basically by pressuring people. I have raised concerns regarding the legality of the meeting as it addresses issues not discussed prior.
8 September, 2023 9:54 am
Hi Marcella,
All items to be voted on (other than requests and questions) must be on the agenda. Resolutions voted on that are not on the agenda can be challenged. We recommend that you check with your administrator to sort this issue.
With kind regards,
Ábaco Advisers
12 November, 2023 5:32 pm
Can a non owner be the Auditor of a Community? His partner is the house owner and a committee member.
14 November, 2023 12:07 pm
No, only owners can be members or president of the Community.
With kind regards,
Ábaco Advisers
14 November, 2023 11:08 am
Can a common law husband or wife whose name is not on the deeds be elected a committee member or president of aCommunity
14 November, 2023 12:07 pm
No, only owners can be members or president of the Community.
With kind regards,
Ábaco Advisers
23 November, 2023 1:25 pm
If there’s a non payment of an extraordinary payment agreed at AGM can you still vote at an EGM and next AGM?
23 November, 2023 9:16 pm
The vote of an owner who has unpaid bills should not count at the meetings.
With kind regards,
Ábaco Advisers
28 November, 2023 10:15 am
We own an apartment in Andalucía and have a specific problem and are almost at a dead end with the community.
Our neighbour (two floors down) have a log burner fire which they light in winter. Their chimney is not properly lined (apparently for decorative use only) and the smoke from their fire leaks into the walls and enters our apartment through the electrical sockets.
Even though this is obviously a fire hazard and a health risk, the community are taking no action claiming that we have to line our chimney which is irrelevant to the the problem.
We cannot let the situation continue indefinitely and need to find a way to seek arbitration or force the community to act somehow considering the danger.. We have also written to the neighbours.
Any advice you could give would be greatly appreciated.
30 November, 2023 9:34 pm
Hello,
I understand the severity of the issue you’re facing with your neighbor’s log burner causing smoke infiltration into your apartment. It’s unfortunate that the community has not taken appropriate action.
To address this situation, I recommend the following steps:
1. Document the Issue: Keep a detailed record of each incident, including dates and times, and take photographs or videos as evidence.
2. Consult Local Authorities: Contact the local authorities, such as the municipal or environmental department, to report the issue and seek their guidance on potential health and safety violations.
3. Legal Consultation: Consider seeking legal advice to understand your rights and responsibilities in this situation. A legal professional can guide you on potential actions you may take against the community or your neighbor.
4. Community Mediation: Explore the possibility of community mediation services to help resolve the dispute amicably. This can involve a neutral third party facilitating communication between you, your neighbor, and the community.
5. Community Meetings: Attend community meetings to express your concerns and garner support from other residents who may be experiencing similar issues. A united front may encourage the community to address the problem.
Remember, resolving these matters may take time, but documenting the issue thoroughly and seeking professional advice will strengthen your position. I hope this helps, and I wish you a swift resolution to your situation.
Best regards,
Ábaco Advisers
17 December, 2023 2:01 pm
Can the President of a community dismiss a board member that has been elected by the annual meeting?
If so must there be specific circumstances?
19 December, 2023 11:59 am
Hi Anthony,
The owners’ meeting of a community must take decisions as a whole. The president cannot take decisions on his own: His job is to lead the meeting and to ensure that the laws and statutes of the community are complied with. Decisions must be taken democratically, respecting the interests and needs of all neighbours.
In the Horizontal Property Law, in its art. 13.7 it states that ” The appointed [governing bodies] may be removed from office before the expiry of their term of office by agreement of the owners’ meeting”.
With kind regards,
Ábaco Advisers
15 February, 2024 1:00 am
My question is: does the LHP allow the administrator solicit votes from members of the community, so that in case they do not want to attend or they cannot attend the AGM, he can act in their name?
4 March, 2024 3:27 pm
The law does not prohibit the administrator from taking on this representation. However, it’s important to note that if there is an issue directly involving the administrator among the matters discussed at the residents’ meeting, it’s typical for someone else to assume this delegation.
Regarding the distinction between representation and delegation of votes, an owner can delegate their representation to the administrator and also specify how the votes should be casted. If no direction is provided, it’s assumed that the represented party can vote according to their own discretion or align with the majority.
With kind regards,
Ábaco Advisers
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