Community Questions

Information and questions about the Law in Spain and Andalucia.
DesWalker
Andalucia.com Amigo
Posts: 37
Joined: Fri Aug 22, 2014 2:45 pm

Community Questions

Postby DesWalker » Thu Nov 17, 2016 10:22 pm

Post deleted by author to maintain privacy. Answers have been very helpful. Thanks.
Last edited by DesWalker on Fri Nov 18, 2016 6:58 pm, edited 1 time in total.

scotty
Resident
Posts: 946
Joined: Wed Apr 08, 2009 10:07 am
Location: Dublin / San pedro de Alcantara.

Re: Community Questions

Postby scotty » Fri Nov 18, 2016 9:36 am

I have three words of advice. . . . . .Annual General Meeting. The best way to change your problem is to change the president. I had to oppose one of ours a few years ago, I ended up being president. But at least we got rid of the clown. The problem is that nobody wants to be president so you can end up with the village idiot running the show.

Pamela1
Resident
Posts: 583
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: Community Questions

Postby Pamela1 » Fri Nov 18, 2016 10:51 am

I was just about to suggest the same as Scotty then I read his post and saw he had already said it...Why not put yourself up for president at the next AGM, that way you may be able to also learn what has really been going on.

User avatar
fincalospinos
Resident
Posts: 819
Joined: Sat Jul 16, 2005 9:17 am
Location: Caleta de Velez

Re: Community Questions

Postby fincalospinos » Fri Nov 18, 2016 12:00 pm

Assuming that your community is legaly registered and subject to the Horizontal Property Law ( Ley de Propiedad Horizontal ), you have the following options.

When you get notice of the next AGM ask for a change of President and/or Administrator. This should be in writing and included on the agenda at the meeting.

If you feel that the matter cant wait until the next AGM, an Extraordinary General Meeting can be called providing that a minimum of 25% of paid up community members request it.

Here is a link to an English translation of the Horizontal Property law :

https://www.eyeonspain.com/spain-magazi ... l-laws.pdf
Hardworking resident !!

Miro
Andalucia Guru
Posts: 3267
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Community Questions

Postby Miro » Fri Nov 18, 2016 12:12 pm

Totally agree with the answers so far. The only way to change things is to put yourself up as president - and then accept all the crap that goes with that. Of course, if the majority are happy in their apathy and don't want a change, you may not be able to muster enough votes. If you do, however, you may very well end up wishing you hadn't, and thinking you would have been better off just being a sheep.
Just a couple of things - do you feel your community fees are excessive? Regardless of cost, does the maintenance company do an OK job at maintaining & repairing things? Unless you can see a way to make clear savings and reduce everybody's fees, or the place is actually falling into a state of disrepair, you may want to think twice about rocking the boat. Running a community ain't easy, and being president is a thankless task. As for having keys to access things like the utility cupboards - I would find it highly irregular if every resident had free access.
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

Miro
Andalucia Guru
Posts: 3267
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Community Questions

Postby Miro » Fri Nov 18, 2016 12:33 pm

Just a quick addition to my previous, having now seen your other thread re: CGT for non-residents etc.
If, as I must presume from that thread, you don't actually live full time in the property, it would be pointless putting yourself forward as president; it's not a part-time position! All the more reason to just go with the flow. From personal experience I can say that there's nothing more irritating than being criticised for how you run the community, by people who don't live there and have no idea how much crap you have to deal with all year. Secondly, it seems you're seriously considering selling the place. That would be the best solution to your community woes!
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

DesWalker
Andalucia.com Amigo
Posts: 37
Joined: Fri Aug 22, 2014 2:45 pm

Re: Community Questions

Postby DesWalker » Fri Nov 18, 2016 12:58 pm

Post deleted by author to maintain privacy. Answers have been very helpful. Thanks.
Last edited by DesWalker on Fri Nov 18, 2016 6:59 pm, edited 1 time in total.

Miro
Andalucia Guru
Posts: 3267
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Community Questions

Postby Miro » Fri Nov 18, 2016 1:08 pm

Glad to have been of assistance. It has always puzzled me why communities are such a nightmare in Spain, when my own experience of similar set-ups in the UK are very different. It shouldn't be such a problem; it's hardly rocket science. I put it down to an undefinable "Spanish factor", and leave it at that :wink: Maybe it's something to do with democracy being a relatively recent concept in Spain, some sort of inherent inability to accept the idea of majority rule or sharing - all of which I find strange since a far higher proportion of Spaniards live in apartments rather than houses compared to the UK.
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

DesWalker
Andalucia.com Amigo
Posts: 37
Joined: Fri Aug 22, 2014 2:45 pm

Re: Community Questions

Postby DesWalker » Fri Nov 18, 2016 3:05 pm

Absolutely. You have hit the nail on the head. I am relatively new to Continental Europe let alone Spain and have owned my place there for three years. Over that time I have tried to apply what (rightly or wrongly) I see as a British sense of logic, maturity, democracy and fair-play and have got precisely nowhere :) (watch everyone appear to argue the toss about those assertions :) )

Funnily enough most of those owners who are totally acquiescent are British including the President and I very much doubt they would be so easily swayed in the UK. But over there they are like putty in the hands of anyone who can speak Spanish, has lived there for some time (not necessarily Spanish either, quite often French, Belgian, Italian, German) and is able to blag the impression that they know what they are doing rather than the reality which is that they are scrambling for every euro they can.

Funnily enough, having lived on a very well run Community in the UK with no problems whatsoever (no Administrator, no maintenance company, just a few willing residents doing a few bits and bobs, getting a few quotes, paying a few bills all for free in their spare time), I always swore that when I bought in Spain it would not be on a Community because of these issues. But heart ruled head and I am where I am, perhaps a few regrets but mainly I am happy as it was a great deal.

Having aired my grievances on here and discovered that I am not in a particularly exceptional position I must learn to relax and accept it for what it is - chaos in the sunshine :) It won't be easy though .....

Cheers again.

Des


Return to “You & the Law in Spain”

Who is online

Users browsing this forum: No registered users and 3 guests