painting properties

[David Stuart]

Our president has decided that all properties on our 6.5 year old community should be painted. Some owners have already done so creating a patchwork effect on terraced townhouses and apartments. If owners do not obey he proposes employing painters to do the job and the owners will then be charged.(approx 500 euros each) All the properties have an outside garden wall approx 1.5 metres high, most owners have put balustrade on top for security and privacy raising the height quite a bit. All homes have gates, some replaced to a height of approx 2/2.5 metres and many have locks on them as the majority are holiday homes. Does he have the authority to allow painters on to our property without our permission? Also, as said painters would be climbing over 2+ metre high walls/balustrade what happens if they have an accident? We appreciate that horizontal law states that properties should be maintained in good condition. They are !!!! The president has had his property painted, the only one on his block, incidentally, and he has plenty of money unlike some owners who are struggling financially and don't need this extra expense at this time. Any help would be appreciated.

[David Stuart]

Are there any presidents out there who "know" they, or anybody they allow, are entitled to trespass on owners properties? TIA

[Parilla]

Your President does not have the authority to "decide" on such matters. Whilst individual owners are obliged to maintain their properties in good order and appearance, mandatory repainting can only be agreed by a majority vote at an AGM or EGM. Also, the President can only spend community funds on items which have been agreed by owners when approving the budget at an AGM.

Parilla

[David Stuart]

Thanks for your reply. I don't think he will get a majority at the AGM judging by owners comments. All properties are still in very good condition - not everyone's finances are !! Thanks again.