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Monday, July 07, 2008
mariadecastro
 Villa

I'm in Algeciras (Cadiz)
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It is compulsory to use the Spanish language at the Owners´ meetings?
The Supreme Court of Spain has affirmed that it is not stated in the Horizontal Property Act that the meetings of the Community of Owners have to be held in Spanish. The Supreme Court affirms that the holdings of these meetings are not official, public acts but private ones among individual, private parties.
It is possible to use a foreign language in the meetings of the Community of Owners?
Provision 13.1 of our Constitution affirms that “ foreigners have in Spain the public liberties gathered in the Constitution as they are established in the Treaties and Law”, and provision 27 of the Civil Code “ foreigners have in Spain, same civil rights as Spanish citizens, except what it is stated in Treaties and Laws”
The right to use a foreign language is unquestionable but, as with every right, it is necessary to set a procedure by which the existence of this right won’t defencelessness to any other people.
The procedure in two sentences:
1. - Every President must include in the Owner’s meetings Agenda, a mention to the language that will be used , so that, those owners who speak a different language can ask for a translator.
2.-The Minutes of the Community of Owners must be sent to the owners in all the languages whose use or translations have been applied for.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es

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07 Jul 2008 10:45 AM
Karensun
 Villa

I'm in Orihuela Costa
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Good posting Maria, thankyou. It explains everything simply. We have our AGM's in Spanish and English and sometimes Scandinavian if any of those owners attend. The minutes go out in Spanish, English, German and Scandinacian too and all out notices are in several languages.
You can't expect people to understand what is going on if you don't communicate to them in their own language. Even tho I have reasonable Spanish I don't think I could cope with an AGM or the minutes in Spanish!! 
_______________________
' Do unto others as you would be done by'
Don't give me grief, I can find it by myself 
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07 Jul 2008 11:36 AM
promedia
 Apartamento
I'm in manchester/riviera del sol.CDS
I've made 84 posts
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On our community we have 1 Spanish Family and our Spanish administrator translates for them in our meeting. Interesting that we should now communicate with all owners, that the meeting will be conducted in English and anyone requiring a translator should request one before the meeting.
I think we are fortunate that it is only the one Spanish family that cannot communicate with the rest of the community in English, however there are a number of owners that speak Spanish.
Interestingly it's the Spanish family that the community has the most issues with, 3 dogs permenantly chained up on their balcony, barking through the night, dog mess washed off the balcony onto the paths daily, beating the dogs to keep them quiet...the list goes on, even voted them off the committee this year due to their inability or will to adhere to the community rules.
However we have moved away from the point,
yes all our official notices go out in Spanish and English from the administrators, but everything else that we do is all in English as 50+ of our 60 apartments are owned by British families.
I think most communities would have problems finding Belgium, German, Scandinavian or Russian translators for their meetings...is there a business opportunity there for someone....or does the service already exist?
If it does can we let everyone know as i'm sure it will be an essential service in years to come.
_______________________
Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol
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07 Jul 2008 7:49 PM
Poppyseed
 Ático
I'm in Manchester/Peniscola
I've made 120 posts
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This links in to a question I have previously asked. If the AGM is conducted in Spanish and there is no translator for the English speakers, are any votes or decisions taken valid if some people didn't understand? We were told many moons ago that a translator would be present at AGM's, but it hasn't happened. Not sure if was voted on to do this or just a goodwill agreement. that never happened.
Thanks.
_______________________ Poppyseed
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