53. Owners decided in last general meeting to deny my right to protect my apartment against strong winds with a glass curtain in the back side, can I oppose it?
Yes, you can certainly oppose it.
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.
54.Can I oppose the agreement my self?
Yes, you can if you voted negatively against it in the General Meeting, were absent or were improperly removed of the right to vote. You need to also be updated on your payments to the Community or to firstly deposit in the Courts any due amount.
55.That agreement was taken in the last general meeting which was held four months ago….winds have been terrible since then. I am sure I can still do the opposition. Can I?
Well… I am afraid you cannot: deadline to oppose Community of Owner’s agreements is within 3 months after the agreement was 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.
56.I want to compile agreements made by my Community of owners. How can I do it?
You can ask the administrator/president for a copy of last minutes and since now, you can start compiling the future ones as the minutes of the meetings must be sent to all the owners at the addresses designed by them, if the address is unknown, they will be sent to the apartment which belongs to the Community or will be placed in the notice-board.
57.Where are all those past minutes?
They are written on an official Book of Minutes, this book is approved by the Land Registry where the building is registered.
The minutes of each meeting must contain:
- The date and place of the meeting location.
- The promoters of the location.
- Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
- A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
- The Agenda.
- The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.
By María L. de Castro