Hope someone can help!!  Our community keep calling EGMs.  I have notified three times of my new address and never received a notification or minutes of the meeting afterwards.  Am i legally entitled to these notifications?  At the last EGM the fees were raised by 15% even though i have been told it was not agreed (when i questioned this i was told between the developer and one other guy they have the majority).  What's the point in a meeting if these two guys can just agree everything anyway?  Also they have just had another meeting and put the fees up 40% - this is two increases in 3 months.  Can they just do as they please, they are now talking about levying us to build an outdoor pool- if they decide can they just do it?

Thanks

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Idkelly, where abouts in Spain are you?

According to the Horizontal prpoerty law, you must recieve minutes and notification of meetings, however there is nothing that says this correspondence has to be sent to your English address............the onus is only to send it to your fiscal address in Spain.  Our Community always send communication to the address the administrator has, wherever in the world that may be.............but this does not have to happen.

Did you have an AGM when the Presidente was elected, were you given notification of this and were you allowed a proxy vote?

You have access to everything pertaining to the Community by Law and you should approach your Presidente or Administrator to see what is going on.

If you are not in agreement with ANYTHING, you should state this ( in writing ) to your administrator ( usually within 30 days of recieving the minutes ) but if you don't have these, do it now. This action may not alter things, but it will be on record ( keep a copy ) if you need it later.

Anything that costs more than 3 months Community fees, you can refuse to pay......that is Law.

Everything done in a Community ( unless it is a life or death situation ) MUST go through an AGM or an EGM, properly set up and voted on by the majority.

_______________________

  ' Do unto others as you would be done by'

   

    Don't give me grief, I can find it by myself

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Yes, you are legally entitled to those notifications and you can challenge the validity of the meetings if they do not produce them according to Law.

Majority is  required for the cases you mention.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

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You can only vote at meetings in which you hold a 'quota' and are fully paid up in your community charges. I don't think that there is any restriction on attending another community meeting, or even speaking at it though.

To change the legal structure of a community, for example by forming one community from two, or dividing a community requires the formal agreement of 100% of the members; you will also need to change every escritura to reflect the new quota for each property and this may not be straightforward.

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Sorry to go off topic, but is there such a thing as a Spanish data protection law? I ask because the World and his Wife seem to have seen our mortgage application form.

Mark

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