02 Dec 2012 9:46 AM:

 

Thread: Of Coefficients and expense allocations ~ HELP!

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12 Mar 2012 6:57 PM:

http://www.anozal.com/doc/RD-L1-1998TELECOMEnglish.htm

Zena143

I have looked at section 11 and have no reason to change my opinion.

I have looked at section 17 and the pertinent law (link above) and frankly don't understand it in total but your interpretation seems to be more or less right.

I think you need to speak to someone with more knowledge than I have and explain in detail your difficulty (I guess you are looking to install a Sky system) ~ I don't believe you can be prevented from doing this but the cost sharing is a grey area.

The secret is have a majority of owners behind you and you have the power.

Why not put yourself forward as President?

Jeff ~ I can't agree with your logic. If you join a Gym or golf club and don't use then why join.

If you buy a house in a community you presumably bought it because you liked the facilities that went with it. Once purchased you can't pick and choose or opt out. If you buy a house outside a community with a nice garden and pool then it costs you to maintain it?

The correct route is become involved. Ask why the pool maintenance is so high. So many communities fail because the owners don't care or get involved and let a few smarter or more cunning  owners decide everything.

Thread: EGM and who can vote

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12 Mar 2012 2:28 PM:

Hi I will look into it more deeply but logically what is the point in having a meeting to decide something by a majority if a minority can "opt out" because it's too expensive? It throws the total costings for the project out and is against the democratic principal that the laws are based on.

Of course there are exceptions as we discussed (Handicap assistance, improvements etc) but I don't think communications (I take it you mean SKY) are covered by negative legislation. I think you have a right to receive TV in your own language and the community has to allow you to install a dish OR provide an area where you can install a dish (If community rules prevent you from installing on your roof or terrace or whatever)

If you have a meeting and vote for something, generally a simple majority wins. It's binding on everyone.

You can not obtain the personal details of other owners unless you are administrator or president under data protection laws.

I don't know about asking the administrator to send on your behalf. I'll ask but if he's against it he probably will just say no.

You could try starting up a google group and request that in the invitation to the AGM the administrator publishes the group address. You could put it forward as a proposal rather than a request to be discussed at the AGM. It would almost certain to be passed and the address could be published in the minutes as well. This would enable interested parties to have their say. I believe EOS have community forums as well.

You could simply write your letter and push it under everyones door. Not expeditious for remote owners but eventually they will receive. You could put a notice on the community notice board inviting people to contact you.

Will look up the other points you make, I don't want to mislead.

Regards David

Thread: EGM and who can vote

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12 Mar 2012 12:32 PM:

Sad state of affairs but unfortunately a common enough story. A few individuals control an entire community.

Re "Improvement" If what you have is fit for purpose then changing it is an improvement. (For example if you have an adequate perimeter fence but would like to pull it down and build a wall then that is an improvement)

If the wall is falling down and you repair it that is not an improvement.

If you have one pool and wish to build another it's an improvement and so on and so forth.

The Horizontal Laws are very specific about who should contribute ~ everyone in line with the their coefficient. regardless of whether they use the facilities or not.

There is nothing that you as an individual can do except to challenge the minutes when you receive them. The minutes should document the names of owners at the meeting. It should document the names of those participating by proxy and the proxies names who are representing them. The way they vote is not disclosed to the meeting, just the result.

Legally you must be advised of and invited to an AG meeting giving details of the previous years spending. For convenience we break it into about 10 groups but any owner has the right to request and receive fully detailed accounts. There are certain mandatory subjects on the invitation.

Of course if the president or administrator doesn't follow the law and lies then you can do very little except challenge them in court.

If you know like mind individuals and your discussions with the president have failed then, with the support of sufficient owners you can call an EGM and force changes that are voted for by the majority.

In our community I (as President) make as sure as I possibly can that everone is aware of the meeting and it's content. Where email exists I use that and request a read receipt. In the case of proposals by owners these are explained in detail. I make it as simple as possible for owners who are not attending to vote by using google forms and those without email are sent a full package by mail.

We are a mixed Spanish and English speaking (25/75) and everything is sent in both languages.

Having said this out of 230 owners we rarely get more than 35% participation at a meeting.

And as a matter of interest we have 3 pools, 1 200m2, 1 120m2 and 1 paddling pool. Our annual maintenance is €3500 (excluding life guard) so you should reqest a breakdown of the last few years expenses.

If you want samples of the google forms let me know.

Regrards

Thread: EGM and who can vote

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10 Mar 2012 7:52 AM:

I think owners can not refuse to pay unless the change is considered as an improvement and that the cost to the individual owner does not exceed 3 months charges.

Section 11.

We had a similar situation. some of our Spanish owners fell into the category of their individual cost being more than 3 months cuotas and refused to pay however this was a small proportion.

Hope this helps.

Thread: EGM and who can vote

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