Voting rights of the developer?

Please can someone advise.

The developer owns over 50% of the properties and coefficients.

At the first community meeting approval for the installation of  one satellite dish per block was agreed. The developers representative was there. A few weeks later the developer has stopped the installation of dishes and said that as they own more than 50% of the properties they will call an extraordinary meeting to reverse the decision to allow  the dishes.

Can you please tell me

 If they are one owner, but with over 50% coefficients, can they force a proposal through to reverse a decision initially approved by them?

Thank you

In theory, I suppose so, yes.

One question: is the developer paying the relevant fees into the community account? If, by any chance, not, then they have no vote, until such time as they make full payment.

Hi Roberto

I believe the fees are being paid, but will find out for definite.

Thanks for the response.

CAN THE AGREEMENTS OF THE GENERAL MEETING BE OPPOSED?

Agreements of the General Meeting can be judicially opposed in the following cases:

 

• When they are against Law or Statutes of the Community of owners.
• When they seriously damage the interests of the Community or those of one or some of the owners.
• When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.

Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.           

The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..

The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year. 

It could be convenient to ask a lawyer about the convenient legal action . 

Thank  you for  the information, very helpful.

Hi,

Could someone clarify for us if the builder does still have the majority vote because they own over 50% of the properties still or do they only get one vote like everyone else?

Many Thanks

Helen

Usually there is one vote for each apartment or house.

The builder must have paid the quotant for each dwelling he still owns before he can establish his voting right.