I bought apartments in Fuerteventura last June 2007. I have arranged a bank standing order to pay community fees and I am up to date. At the AGM in December, I had apppointed a local agent as my representative with legal letter and copy of my passport to represent my interests, and also asked a lawyer to attend the AGM to take initial notes ready for future legal action.  The community president said that most attendees (except him and his vice-president) were not entitled to vote because they had not paid their water rates or their community fees up to date.  I have been asking (by formal letter in October, and twice before) for receipts for payment of community fees,anda breakdown of any other fees due like water rates, and I have not received a reply- just a hand written amount of what is owed, without dates or description. I have not yet received receipts acknowledging payment of community fees from June to December 2007.

I have read the English translation of the Spanish Horizontal Property Act.  Along with many other UK investors, we jointly own 30 apartments at this complex, and require proxy or direct agreement of a minimum of owners of 75 apartments to call an EGM to reappoint a new President.  I have asked for, but not been given, accounts for any period of management for the last five years by this President and his administrator.  My agent  and lawyer left the meeting when one owner got so irate he wanted to punch the President in the face, and in fact next day, my colleague saw him at the Police Station with a broken nose.

I'm not in a hurry to do this, but some time in 2008, I want to go through the proper procedure to be able to see what this President and administrator are doing with the community fees funds, and bring them to account.

Any advice about what I can do, or the right sequence to go about getting this community management changed, will be gratefully appreciated.  I've asked two lawyers in Fuerteventura, and also two agents, and they don't seem to be able to know what I can do, and to what effect.

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MondeoMan said: "Any advice about what I can do, or the right sequence to go about getting this community management changed, will be gratefully appreciated.  I've asked two lawyers in Fuerteventura, and also two agents, and they don't seem to be able to know what I can do, and to what effect"

You may find answers in this article: www.eyeonspain.com/spain-magazine/community-horizontal-5.aspx

If the 25% of you (holding 25% of shares) convoke it, an EGM can be hold and you can legal and validly discuss there on teh change of community management.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

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