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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 702. Re-edited answers for community of owners 7
Monday, February 13, 2012 @ 10:34 AM

 47.What maters require the unanimous consent of all the attendants to the Meeting of owners?

 Unanimity is just required for approving or modifying the rules contained in the constitutive title of horizontal property (Horizontal division Notary deed) or in the statutes of the Community.
 
48.What matters require just three fifths of the total of the owners that, also, represent the three fifths of the shares?            
The establishment or suppression of the services of the lift, porter’s lodge porter’s office, security and any other common service of general interest, even when this implies the modification of the constitutive title or the statutes.
 
49. What matters require majority of the owners, which at the same time, represent the majority of the shares?
          
The realization of works or the establishment of new common services intended to suppress architectural obstacles that make difficult the access or mobility of disabled persons, even when it implies the modification of the constitutive title or the statutes.
 
50. What if not all these required owners (3/5 or majority of owners-shares) are present at the General Meeting? If they have been duly cited and informed by those owners who were present, and have not disagreed in writing to the Secretary within a period of 30 days from the date the decisions have been communicated to them by the rest of the owners, will be considered as favourable to the agreement.
 
51. Can those who did not vote or disagreed not consider themselves submitted to the agreement?No, the agreements adopted in valid form are obligatory to all the owners.
 
52. I want to install a special collective antenna for International TV: what percentage of votes I need? The installation of common substructures for the access to telecommunication services (collective antennas, digital television, etc), or the adaptation of those already existing as well as the installation of solar energy or any else of the necessary substructure to access to new collective energy supplies (natural gas, electricity, etc) can be decided, at the request of any owner, with the favourable vote of just one third of the owners who also represent, one third of the shares.
 
53. What about those owners who voted against the special TV antenna? Do they need to pay the extra expenses related to this? No, they do not need to pay the extra fees.
 
54. And what if they change their mind later and want to see their UK channels through the Antenna?
 
They can be authorized always they pay the amount that had duly corresponded to them, by the application of the correspondent legal interest.
 
55. What about the rest of the possible matters of discussion? Dogs allowance, pool use…
 
It is just necessary the vote of the majority of the owners who also represent the majority of the shares for the validity for any other sort of agreement.
 
At the second call, those agreements adopted by the majority of the present owners, are valid if they also represent, more than the half of the present shares.
 
56. What if majority can not be reached?
 
When the majority can not be reached, this matter can be forwarded to the Judge of First Instance to decide regarding that.
 
 
 
conil de la frontera - riflessi sull'oceano
"Conil de la Frontera - riflessi sull´oceano", Cádiz, by Alex Montrasi, at flickr.com


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George Fee said:
Tuesday, June 26, 2012 @ 12:07 PM

I want to put a 3m x 4m canvas/fabric pergola on my balcony. It is not fixed in any way to the sides/walls/tiles of the balcony and is in accordence with the colours required for umbrellas etc. Do I need permission from the Presidente?

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