The August 2009 EGM

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21 Jul 2009 00:00 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi all,

 
We are getting close to the 29th of August EGM meeting so it would be wise to start preparing it. In my view there are two important subjects on that agenda; the budget and a concept for the rules and regulations of the community. Let's start with the rules.
 
We need rules so it's important to think about them ahead of that meeting. There are communities with very elaborate sets of rules and there are some with basic guidelines. From my experience sitting on a committee in a community in Amsterdam my view is that you should only make rules you are able to maintain. All other regulations just create frictions between neighbours without any way to police or enforce them.
 
Our current situation is that we don't have a security guard nor a concierge so it will be a huge effort to make sure people live by the set of rules we agree to. We also have limited influence on the people living or using Don Juan as lots of them are short or long term renters. If rules are violated on a regular basis they will not only create conflicts between neighbours, but they will erode as they can't be maintained. For example we already have a few regulations regarding aircon, awnings and private satellite dishes and they have never been enforced. After a Spring 2008 letter pointing out that it should be corrected there has never been a follow up and the result is that most of the offenders didn't correct it.
The same goes for the swimming pool regulations. Ball games, floating beds, drinking at the pool side etc are all prohibited but yet these thing occur and there is no way to stop people without employing a security guard.
 
My opinion is that we better create a very basic set of guidelines stating that you are not allowed to affect the architectural looks of the building, to disturb your neighbours and that you have to act as a responsible member of the community instead of a detailed list of do's and don'ts. The advantage would be that we can be selective and be harsh on things which are really important and ignore what we can't influence. That way you don't get the erosion of the regulations which will occur if we make a hundred rules which are regularly ignored. 
 
It would be good if more people voiced their opinions in preparation of the August EGM. Do you want detailed rules or do you agree to the above, how do you want to enforce the rules etc.
 
Max



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22 Jul 2009 16:28 by gericom99 Star rating in Offaly, Ireland / Ca.... 265 forum posts Send private message

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What you're saying makes a lot of sense, Max.




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22 Jul 2009 21:34 by jo.w Star rating. 27 forum posts Send private message

I sat my the pool drinking wine out of my plastic glass and cant see a problemwith doing this.

 




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23 Jul 2009 02:23 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Jo,

As far as I know drinking at the pool side is not forbidden by law; it's the glass (which you didn't use) which is prohibited because of the danger to other pool users. I'm not sure however.

I mentioned it just as an example of rules we don't need as they make no sense and we can't enforce them. Drinking before people go the pool could be much worse and we would have no way to stop that behaviour. As a rule behaving like a proper neighbour  would cover all these issues without the details where people drink what and how much. A glass of whine from a plastic glass should in my view not be stopped by Don Juan regulations.

Max

 



This message was last edited by max! on 23/07/2009.


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30 Jul 2009 02:35 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 This lively debate could be greatly enhanced if the committee posted their latest draft of proposals. Do realize that August 29 is very close. It can't be long before the agenda goes out and then the proposals can no longer be amended.

Max




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31 Jul 2009 15:19 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 An example of the rule problems we will encounter if we have nobody to enforce them:

As you can see a few inflatables, a ball game is going on and a crocodile is waiting to enter the pool. If maintenance refuses to police it, who is?




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31 Jul 2009 16:21 by jo.w Star rating. 27 forum posts Send private message

It looks like people are having a good time to me, we have two pools so i think one should allow lilos and one should not.




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01 Aug 2009 21:31 by Saskia Star rating. 43 forum posts Send private message

Jo, it's not a community rule but an Andalusian law. We can lose our license if we don't comply.


 



This message was last edited by Saskia on 01/08/2009.


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03 Aug 2009 15:28 by jo.w Star rating. 27 forum posts Send private message

Hi Saskia

My parent have a place in Calahonda and we have had the lilo debate their and they are allowed. This is stated on the pools rules and they have not had any problems renewing the license.

Best wishes

Jo the lilo lover.

 

 




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04 Aug 2009 02:17 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Jow,

I don't think the law prohibites lilo's, but our community does. There is a sign stating they are not allowed in the bigger pool. Of course it could be changed.

Lilo's are fine when in use, but pools full of inflatables without people using them are already a major pool side argument. I don't care as I don't use the pools, but people complain about it as our -not that big- pool is less usable. A rule stating you have to actually use your lilo / tractor tyre / crododile or whatever or get it out of the water would make more sense. [edit: see picture below: no people using them] However it would still be impossible to enforce.

The Andalucian law also doesn't prohibit glass in the pool area, but most communities forbid it as it cost something like 2500 Euros to empty and refill the pool to get rid of broken glass. Again our community put up a sign that it's not allowed. 

My point is that rules don't make a lot of sense if nobody enforces them. It will just  lead to arguments between neighbours.

Max

 



This message was last edited by max! on 04/08/2009.


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07 Aug 2009 01:13 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Like I said earlier it would help the Don Juan I community enormously if the draft of the rules and regulations would be posted here. At the moment there is a very small group of people who know what's in this draft. I'm not at liberty to reveal anything about them, but I'm sure they will be controversial (as all rules are :))

When the agenda for the meeting goes out it will be too late to amend it and knowing that 80 percent of the votes will be by proxy means that we will end up without a democratic decision. Except of course formally like last meeting, but I mean an agreement which is knowingly supported by the majority of the people.
Without it, the new rules won't have any support and will just be neglected which would be a pity.
 
Max



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12 Aug 2009 16:16 by Rene35 Star rating in Holland. 87 forum posts Send private message

Max,

Only the Community Board knows what the new statutes are and one neighbour who made a huge contribution to the current statutes that we are going to present.

The draft is now out for translation in English and then we have the last review round by David and Me.

So far I must say the community board is working hard to get this done in time.

The plan is to send the final version by post around the 14th of August.

Best regards,

René

 

 



_______________________
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12 Aug 2009 16:41 by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi does anyone no if i am allowed to take 2 sunbeds to the pool area as my apt is next to the pool?and will this be allowed or will we have to vote for this at the egm when we vote on the pool rules  of the community bye Irene



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12 Aug 2009 18:44 by Rene35 Star rating in Holland. 87 forum posts Send private message

no problem Irene

Only inflatables in the pool are not allowed

 

Best regards,

René



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12 Aug 2009 19:47 by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

16 Aug 2009 13:08 by max! Star rating in Fuengirola. 944 forum posts Send private message

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 English

 

 

 

 

 

 

 

 

 

 

 

 

RULES OF REGIME

OF THE

COMMUNITY OF OWNERS

 

 

 

 

“RESIDENCIAL DON JUAN” FASE I

 

FUENGIROLA

 

MÁLAGA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX

 

INTRODUCTION

 

CHAPTER I.  The community of owners

SECTION  1. The community.

ARTICLE  1. Denomination and legal regime.

ARTICLE   2. Duties.

ARTICLE   3. Address.

ARTICLE   4. Duration.

SECTION II. The properties.

ARTICLE 5. Individual  property.

ARTICLE 6. Communal property and Communal elements.

ARTICLE 7. Use of the property.

ARTICLE 8. Insurance, guaranties and burglary.

CHAPTER II. Owners  regime.

SECTION I. Owners obligations and rights.

ARTICLE 9. Owners obligations.

ARTICLE 10. Owners rights.

SECTION II. Disciplinary  regime.

ARTICLE 11. Forbidden.

ARTICLE  12. Sanctions.

CHAPTER III. Bodies of the comunity and their workings.

ARTICLE 13. Bodies of the comunity.

ARTICLE 14. The board of owners: definition and composition.

ARTICLE 15. Capacity of the board of owners.

ARTICLE 16. Meetings.

ARTICLE 17. Functions of the board of  owners.

ARTICLE 18. Right to vote.

ARTICLE 19. Election of president.

ARTICLE 20. Challenging community agreements.

ARTICLE 21. The board of directors: definition and composition.

ARTICLE 22. Composition and election of the board of directors.

ARTICLE 23. Duration, leave, vacancies, renounce and payment of members.

ARTICLE 24. The president.

ARTICLE 25. The secretary – administrator.

ARTICLE 26. The vice-president and representatives:

a. The vice-president.

b. The representatives.

ARTICLE 27. Responsabilities of the members of the board.

CHAPTER IV. ECONOMIC REGIME OF THE COMUNITY.

ARTICLE 28. Economic resources.

ARTICLE 29. Bank accounts.

CHAPTER V. BOOKS AND ACCOUNTS.

ARTICLE 30. Documentation.

ARTICLE 31. Accounts.

CHAPTER VI. INTERNAL RULES.

ARTICLE 32. Rules.

ARTICLE 33. Garages, storage and instalation of cupboards in garages.

ARTICLE 34. Use of the pool.

ARTICLE 35. Use of the gardens.

ARTICLE 36. Rubbish service.

ARTICLE 37. Pets.

ARTICLE 38. Noise and Disturbance.

CHAPTER VII. CONTRACTING OF SERVICES.

ARTICLE 39. Contracting of the services.

CHAPTER VIII. THE MODIFING OF INTERNAL RULES.

ARTICLE 40. Modifing of internal rules.

CHAPTER IX. DISOLVING AND LIQUIDATION OF THE COMMUNITY.

ARTICLE 41. Disolving of the community.

ARTICLE 42. Liquidation of the community.

ARTICLE 43. Distribution of community funds.

CHAPTER X. FINAL ARRANGEMENTS.

ARTICLE 44.- Final disposition.

 

INTRODUCTION

 

 

The community of owners of RESIDENCIAL DON JUAN FASE I as no existing statutes related to the community exist, approve in the Extraordinary meeting celebrated on 29th of August 2009, the following rules of Internal Regime and the obliged compliance of Residents and Visitors and Tenants. Whatever arrangement that is not clearly stated in these rules, is subject to the law if Horizontal Property, the Civil Code and any other ruling inforce on Spanish territory.

 

CHAPTER I. THE COMMUNITY OF OWNERS

 

 

SECTION 1. THE COMMUNITY

 

ARTICLE 1. On naming RESIDENCIAL DON JUAN FASE 1 constituted on 15th June 2007 in calle Sierra de Cazorla between numbers 3 and 5 in the residencial area of Caravajal in the town of Fuengirola, Málaga, the named community is made up of apartments, garages and store rooms situated on plot number UR-1 of Fuengirola in the province of Málaga of blocks 1 to 10 with pedestrian or vehicle access via streets at present without name, to the neighbouring c/Sierra de Cazorla. This community is regulated by and complies with all current applicable law and these statutes cannot be modified by current or future owners unless the modified statutes comply with existing legalisation especially the law of Horizontal Property and Title III of the civil code.

 

ARTICLE 2. DUTYS

 

The duty of the community is to conserve, maintain and administer the Communal elements, installations and equipment, described in article 6 and to avoid damage to these or to apartments, garages and store rooms which belong individually to joint owners.

 

ARTICLE 3. ADDRESS

 

The community will have as its particular address, then the joint owner, which will be of the president of the community or other which the board designates. For notices it will be the office of the administrator.

 

ARTICLE 4. DURATION

 

The community is constituted for an indefinite time, without harm to the facilities of the board of owners and arrangements in force.

 

SECTION II. THE PROPERTIES

 

ARTICLE 5. THE INDIVIDUAL PROPERTY

 

  1. Every owner will have the sole and exclusive right to their own property. All owners rights are protected.
  2. Each owner can do in his individual property and at his cost, inside the      property modifications and building work, provided such do not contravene  municipal By-laws or those of the ”Ministerio de Vivienda” and also of ”Junta de Andalucía” and does not harm or damage the security of the building and general structure, configuration or exterior state or damage the rights of another joint owner having previously provided the president with details of the proposed building work, and if necessary the board of owners.
  3. It is totally forbiden to hang personal or commercial adverts on exterior walls of the buildings except for sale or to rent signs and these must be hung on the bars of the property.
  4. Each property is recognized for its capacity inside its constructed walls, the designation of the apartments will be for housing use in agreement with the existing rules.
  5. Whatever modification to the instalation of the community aerial for television, frequency in the interior of the property should be carried out by a qualified technician who can guarantee the change will not cause abnormalaties in the image and sound of other properties, and be responsible for any inperfection caused.

 

 

 

 

 

ARTICLE 6.   COMMUNAL PROPERTY AND COMMUNAL ELEMENTS

 

 

  1. As well as the lists in article 396 of the Civil Code and according to the wording given by the law of Horizontal Property and applied in the same formula the following will be considered as Communal elements:

I.  The land is which is situated and placed Residencial Don Juan 1.

II.  The foundations and coverings.

III. The structural elements, colums, girders, metals works and supporting walls.

IV. The architectural facade, exterior coverings and terraces of windows.

V.  Also closing walls and the partitions or walls that separate different plots of the whole building and separate garage   parking if private use and dwellings.

VI.  Likewise all constructive elements that conform the Communal zones.

VII. The entrance, stairs and passage ways that access the apartments.

VIII. The lifts and lift areas, also tanks, meters, telephones and other Communal instalation services.

IX.   The instalation and piping for the drainage including a well situated the Zaragoza stream, for the supply of water, gas and electric, to make use of the land. As with sanitary hot water, heating, air conditioning, ventilation or smoke extraction. The prevention and detention of fires, the electric door and other security in the building, also the Communal aerial and other audio visual services and telecomunications all in private space.

X.  The garden zones and pathways giving access to different buildings, the pool and all that is contained in the area (purification plant, motors, etc.), the water well, the motors of the pump and the sprinkler pipes, the cistern tank and all that contained in its area (pump motors and chlorine container).

XI. Common services and whaever natural material element which by its nature is indivisible.

 

 

 

ARTICLE 7.   USE OF THE PROPERTY

 

 

  1. Each owner and whoever is authorized will have independent use of the property and exclusive access to the dwelling garage and store rooms and can administer and use them within legal and statuary limitations.

 

  1. The dwelling, garage or store room can be rented but the actions of the tenant or non compliance with the internal rules will be the responsibility of the owner before the community. The obligations that apply to the tenant should be made known in the rental contract.

 

 

  1. Owners are obliged at their own cost to carry out repairs to dwelling, garage and store room where damage effects Communal parties property.

 

  1. The dwellings, garages and store rooms can not be used for industrial purposes nor nocturnal activaties, unhealthy purposes, inmoral or dangerous activities. Those destined for comercial purposes firstly must comply with the municipal by-laws which regulate the said activity, taking into account the municipal licences required prior to opening. Never the less dwellings that are integrated withing the community of owners can not develop a commercial activity, i.e. cafe-bar, disco, bingo, party rooms or other activity that generates in noise, ill health or bother in the community.

 

 

  1. The owners of dwellings are authorised to realize building work that will be for the better in the future but should not affect the structure of the building or Communal elements without previous authorization from the community of owners and are obliged to permit access to property in case of leakage of sewage or water from an above property by cause of a fault of general instalation that could affect the distribution of sanitary waters.

 

  1. Owners of properties can carry out alterations such as segregations or  grouping, or add to the property provided such alterations do not effect other properties in the building without previous authorisation of the community, but in case of segregation or grouping can not  realize openings or close doors to dwellings from the exterior, said modifications need authorization of the community.

 

ARTICLE  8. INSURANCES, GUARANTEES AND BURGLARY

  1. The joint urbanism with all integrated elements must have basic cover with an acredited company, said cover must include fire risk, flooding as with breakage of Communal elements accidental damage and civil responsibility to third parties.
  2. Each owner can insure against expressed risks if desired covering furniture situated in his property. The community will never be held responsible for this type of risk to furniture.
  3. In case of burglary if it is partial payment, the community will destinate compensation to replacement of items stolen, if compensation is insufficient the amount will be made up by the community, if compensation is more than is required, funds remaining will be lodged into the community bank account.
  4. If the building is destroyed the reconstruction of the building will be approved and in agreement with the board of owners, resolving by a majority of votes. If compensation obtained is insuficient the excess will be realized via community in proportion with its cash ratio.
  5. If reconstruction is decided,  owners who did not take part in the vote or voted against will be obligated to hand over their participation to owners who requested, determining the price of the transfer by two expert technicians, one from each party, and in case of desagreement a third designated from the chamber of urban property. Being various owners wishing to aquire dwellings, as in previous paragraph, it will be auctioned between themselves and going to the highest bidder.
  6. If the building is not reconstructed, the land will proceed to be sold and remains of the building to go to public auction, and the price obtained to be distributed among joint owners.
  7. The community promises to have a reserve fund which will be funded with 5% of the monthly quote. When said funds reach TEN THOUSAND EUROS it will be reserved for future eventualities and it will always be the Board of owners who decide its use. All amounts exceeding TEN THOUSAND EUROS will be analysed annually in the A.G.M. where its use or saving will be decided.

 

CHAPTER II. REGIME OF OWNERS

 

SECTION I. OBLIGATIONS AND RIGHTS OF OWNERS

ARTICLE 9. OBLIGATIONS OF OWNERS

Owners are obligated to:

  1. Respect general instalations in his property.

 

  1. Maintain in good condition the property and private instalations and not endanger other owners, repairing damages that ocasionally occur.

 

  1. Consent to the property repairs that the community requests, i.e. repairs of Communal services agreed by the board of owners.

 

  1. Permit entrance to the property with affect to the three previous paragraphs.

 

  1. Arrange to contribute the amount fixed in the owners meeting for general expenses for the proper finding of the community, its services, taxes and responsibilities that are not the responsibility of individual owners and to be paid within five days of the date stipulated. To this effect it is obligatory to open a current or savings accountwith a bank from where the corresponding amounts can be sent.

 

  1. Contribute to community expenses in whatever way attributable, in the corresponding proportions, this way there is no excuse in saying, not living there or property closed up or absent for whatever reason or not living in the property ori t is rented or including the promotor has not sold it to a third party.

 

  1. Assist the meetings of the board of owners to comply with valid agreements adapted by Social Bodies.

 

  1. Accept jobs and works entrusted, accept where a just cause of excuse exists.

 

  1. The taxes and other expenses corresponding to each property to be specifically paid by each corresponding owner.

 

  1. To cover expenses caused by faults, deteriorations and obstructions.

 

  1. Not to engage in activities contrary to the laws and  by-laws.

 

  1. Good behavior and consideration in relations with other owners, especially those who represent the community.

 

  1. Comply with legal duties those that result from these rules.

 

  1. Notify the secretary or administrator of any change of address within 15 days of occurance.

 

  1. Communicate to the secretary/administrator any change of bank details within the month of change.

 

  1. In case of the sale of the property, provide details of the new owner to the administrator within 15 days ”no later”.

 

  1. Contribute towards the expenses of taxes, rates and other taxes and yearly or administrative taxes of the green and leisure zones be it pool, gardens and surroundings and any zone that is not required for access to property.

 

  1. Owners have the obligation to contribute to ALL Communal expenses of the building, regardless of the type of property they possess, no type of exoneration exists.

 

 

ARTICLE 10. RIGHTS OF OWNERS

 

THE OWNERS HAVE THE RIGHT TO:

  1. Elect and be elected for the duties of the Communal Board.
  2. Define to the board of owners, the objectives, ways and the scope of community activity in the frame of the statuary rules.
  3. Participate in voice and by vote, but always up to date with community payments, in adopting agreements for the board of owners, and other community bodies.
  4. Receive information at anytime about the community.
  5. Use and enjoy personal and community services.
  6. Request the realization of works that need to be done on community elements, i.e. repair or replacement of Communal services that have stopped working due  to failure or destruction.
  7. Whatever other right recognized within the Horizontal Law or which is shown in these rules.

 

 

 

SECTION II. DISCIPLINARY REGIME

 

ARTICLE 11. FORBIDEN

 

It is forbiden to:

  1. Store ”even temporarily” construction materials furniture, objects of whatever type, in the pasageways, paths, landings terraces, patios or whatever other Communal areas.
  2. Use property for illegal activities.
  3. Install in properties motors or machines that are not domestic appliances.
  4. Carry out in homes or Communal zones immoral, uncomfortable, harmful, dangerous or unhealthy activities or acts that disrupt the tranquility of the community and inhabitants who do not deserve this.
  5. Owners of properties are obliged to include the requirement for compliance with this rule in rental contracts.
  6. Hang clothes, towels, mats, etc., on the terrace bars and garden fences. They should be hung in such a way that they are not easily visible from the outside.
  7. modify the exterior or increase the building plot. In the first place your plan must be approved in the A.G.M. and afterwards permitted by the Town Hall or whatever other municipal organization.
  8. Owners should maintain their gardens in good condition with an end to the well being of the complex.
  9. Owners of ”semi-sótanos”who possess a fence at the bottom (approximetly, one meter) can elevate them to the maximun height of the fences.
  10. Use community instalations, store rooms etc. for particular or speculative purposes without authorization from the Board of Neighbours.

 

ARTICLE 12. SANCTIONS

 

  1. In case of non complyance of whichever article of these internal rules of regime of the community by the owner or person., the owner will be warned in writing and in failing to comply may be penalized with non use of and access to Communal services.

 

  1. Any owner who is not up to date with payments may be sanctioned by the directive board, and deprived of use of Communal zones like gardens or pool, and also be sanctioned in whatever other way the community sees fit.

 

 

CHAPTER III. BODIESS OF THE COMMUNITY AND WORKINGS

 

ARTICLE 13. BODY OF THE COMMUNITY

 

The bodies of the community are the following:

a.       THE BOARD OF OWNERS.

b.       THE DIRECTIVE BOARD.

 

ARTICLE 14. THE BOARD OF OWNERS: THE NATURE and Composition

 

  1. The board of owners, validly constituted, is the meeting of all owners to deliberate and make agreement as a supreme body of the voluntary community.
  2. The agreement of the board of owners adopted and conforming with the laws and rules, oblige all owners, including those who disagree, and those not participating in the meetings.
  3. The meetiings of owners can be ordinary or extra-ordinary.
  4. The ordinary board of owners have a principal object to examine and manage the community finances bvand annual accounts. The agenda, apart from the principal object of the same, can also include other items.
  5. All other board meetings are extraordinary, that is to say are not annual.
  6. Decisons taken in meetings that have not been convoked under Article 16 of The Law of Horizontal Property are not valid and will not be acted upon.

 

ARTICLE 15. COMPETENCE OF THE BOARD OF OWNERS

 

The board of owners is competent to deal with solely wth matters of community activity, adopting agreements on the following points.

  1. Name and revoke in a legal and established form the persons to hold the positions/duty of president, vice-president, secretary/administrator and representatives.
  2. Approve the plan of expenses and income of the annual budget, i.e. settlement or accounts that the secretary/administrator presents.
  3. Aprove the execution of improvements, as an extra-ordinary expense, be it that it is not an emergency or necessity as to get funds for its execution.
  4. Reform or modify articles or draw up or modify rules of Internal Regime.
  5. Dissolution of the Community.
  6. Know and decide on other matters of general interest for the community.
  7. All these actions and responsibilities that come by law.

 

ARTICLE 16. MEETINGS

 

The Board of owners will meet either by Annual General Meeting or Extraordinary Meeting.

The A.G.M. will be held once a year to approve budgets and accounts and names of members of the Board of Directors, and on other occasions, when the president, board or 25% of owners consider necessary. The A.G.M. will be convoked on the second Saturday in the month of February.

The president will convene the meeting or in his absence the promotors of the meeting, but always more than 25% of owners of the complex and anex the signatures of the applicants. In all cases the place, date and time and matters to be deat with should be stated, that the board celebrates in the first or second meeting, conforming and available in the LPH, handing over apointment in writing, at the addness of the community or at a second address if requested or only by e-mail. The arrangements for the A.G.M. will be made as soon as possible but with a minimum of six days notice and for extraordinary meetings giving as much notice as possible.

 

ARTICLE 17. WORKINGS OF THE BOARD OF OWNERS

 

  1. Majority for agreements that imply approval or modification of the rules contained in the present standards.

 

  1. For the validity of all other agreements.

 

  1. The board of owners will be presided over by the president of the community, to correspond, direct the deliberations and maintain order of the session and look after the compliance with legal requirements The President can leave the actions of moderation to another member of the Board or administrator if required.

 

  1. The secretary is responsible for the writing of the minutes and will make known the date, name people present and represented, a summary of the debates of each matter discussed, with special reference to the mention that has requested special constance, the different proposals and agreements collected and concreted in writing during the course of the deliberations, the result of voting and the text of agreements adopted clearly and distinguished.
  2. The minutes will be approved and signed by who held the representation of the board, i.e. the secretary of the same being transcribed in the book of the community.

 

ARTICLE 18. RIGHT TO VOTE

 

  1. Every co-owner will have the right to vote if being up to date with the community payments and his calculation and valoration be realized to the amount corresponding.
  2. In no case can the vote be annuled. The owner should abstain from voting when the board put up an object for resolution, appeals against sanctions placed by owners from the Board, as in cases of conflict of interest between the owner and the commity.

 

ARTICLE 19. REPRESENTATION FOR VOTING

 

  1. The owner can be represented at the Board of owners by another owner or designated person. In all cases the delegation to vote should be effected in writing, signed by the owner and giving details of the representative, and the meeting in which the owner is to be represented.
  2. If a property is jointly owned they should name one representative to vote in the meetings.
  3. If the property is in use of a ”bare owner” the assistance and vote is corresponding, unless manifested in contrary.

 

 

ARTICLE 20. CHALLENGING COMMUNITY AGREEMENTS

 

Communal agreements of law or these rules may be challenged before legal authorities by any owner, but the agreement will be provisionally implimented unless the judge orders provisional suspension.

 

ARTICLE 21. THE BOARD OF DIRECTORS: BEGININGS AND COMPOSITION

 

The board of directors is the body of execution of the agreements adopted by the board of owners. It has powers to establish general guide lines for the use of the community, with subordination to the decisions taken by the board of owners and to realize other acts in terms attributed in the L.P.H. and for these rules.

The president will bethe legal representation of the board of owners and he with be  responsable if the actions do not comply with the agreements adopted by the Board of owners. He can delegate power to anyone but always in writing with exception to the vice-president who has it by law. In case of decisions or collective approvals these should be recorded in the Book of Rules of the community.

 

 

ARTICLE 22. COMPOSITION AND ELECTION OF THE BOARD

 

The board of directors will be composed of general president, general vice-president, secretary-administrator and three or four representatives decided at each ordinary meeting and chosen by the same.

 

 

ARTICLE 23. DURATION, CEASING, RELUCTANCE AND PAYMENT OF MEMBERS

 

The charge of the Board of Directors will have a duration of one year, starting when elected, and can be re-elected. The resignation of the members of the board of directors before the expiry time, can only be agreed with just cause, in extra-ordinary meetings convoked with such effect and confirmation in the order of the day by majority of votes validly admited.

When a definitive vacancy is produced of the president, the president will be substituted by the vice-president until the next meeting. When the vacancy is of a representative, it will remain vacant until the next board meeting.

The exercise of charge to the Board of Directors with the exception of the secretary/administrator does not generate the right to remuneration, but in all cases board members will be compensated for expenses properly incurred in carrying out their duties.

 

 

ARTICLE 24. THE PRESIDENT

 

The president of the community will be the representative of both the Board of owners and board of directors.

The president will act in accordance with the decisions validly adopted in the Board of Owners within the limitations established in the L.P.H. and the rules. In which concept to correspond:

 

  1. Represent the community legally and extrajudicial in all types of acts and exercises.

 

  1. Call and preside over the sessions and meetings of the body of the community, directing the discussions under the responsability, not to produce deviations or submit to the board decisions not included in the order of the day.

 

  1. Watch over and keep the compliance of the community rules.

 

  1. Sign with the secretary the acts of meetings, the certifications and other documents that the board of owners determined in agreement with the Law of Horizontal Property and these Statutes.

 

  1. Grant in favour of lawyer and attorneys in the tribunals with wider faculties, general and special powers for law suits.

 

  1. In serious cases adopt urgent measures and should inmediately call a meeting of owners to finally resolve these provisional measures.

 

  1. Report to the Board of Owners things to be done at the end of his mandate.

 

  1. Sign certificates admitted by Administration for the liquidations of debts from non paying owners.

 

ARTICLE 25. THE SECRETARY/ADMINISTRATOR

 

The works of secretary/administrator can be executed by an independent professional expert physical or legal to act as secretary-administrator.

  1. To look after the good regime of the community, its instalations and services, to make effect of advice and warning to owners.
  2. Prepare with proper advance and present the board the plan of forseeable expenses, and placing necessary measures to deal with these.
  3. Attend the conservation of the Communal elements of the community, to arrange ordinary repairs, in case of extra-ordinary, take urgent necessary measures, informing inmediately the board.
  4. Effect payments and charges corresponding.
  5. Execute agreements adopted for building materials.
  6. Transcript the minutes, once approved to the Book of minutes of the community and should be payed and or proceeded before the competent body or authority.
  7. To send, with the approval of the president any type or agreement or certificate.
  8. Act as  secretary of the Board and take care of community documentation.
  9. Represent the community in front of all classes of bodies of state, and autonomous community. The province, the town, syndicates, tribunals or work inspections and whatever other body, i.e. chamber of property, fiscal, urban commission, National Institute of Property, authorities or civil service that could have relation that affects the community before all types of documents or reclamations.
  10. All other attributions to confirm with the board.

 

 

ARTICLE 26. VICE PRESIDENT AND REPRESENTATIVES

 

  1. The vice-president corresponds to exercise all functions of the president when he is absent or unable to carry out due to cease of position until the new board. Also assist the president in carryimng out his duties.
  2. The representatives will be named the general board of owners and participate in all celebrations of the Board of directors, having his vote the same value as other components of the said Board.

 

ARTICLE 27. RESPONSiBILITY OF THE MEMBERS OF THE BOARD

 

The members of the Board of Directors will carry out their duties with the diligence that corresponds a legal representative or gestor, being solidly responsible for damages caused by malice, abuse of facilities or grave negligence.

 

 

CHAPTER IV. ECONOMIC REGIME OF THE COMMUNITY

 

 

ARTICLE 28. ECONOMIC RESOURCES

 

  1. The community manages its finances in accordance with an annual budget. For the realization of economic matters, the following sources of income apply:

I.Ordinary monthly payment. The ordinary quota will be based on the rules of distribution of quotas according to the coefficient based on the annual budget approved at assembly.

II. Extraordinary payments will be approved by the assembly or by the directive board but cannot be implimented without the decision of the assembly, if the amount is more than three months ordinary quota for the owner.

III. Subsidies, donations, bequeathments and whatever appeal destinated to the community.

IV. Income, SALE AND LETTING.

  1. Defaulting or incompliance in payment of fees will produce the obligation of the payment of interest at the rate of 5% quarterly in favour of the community and accumulable with bank costs that arethe responsability of the debtor as with legal costs and extra judicial costs will be added until payment is complete. The function of this article is not to raise funds for the community, it is solely a method of credit control and good governance within within the community.
  2. The obligations refered to in article 9, point e, will be complied by the Title Owner of the property in the time and form determinated by the board of owners, if not complied action will be taken, established and in accordance of Law of Horizontal Property.
  3. In all cases these interests can be challenged before the board of directors or for personal motives or a larger force, or by error or omission in the form of payment, the board of directors will have the last word in respect of the imposition of mentioned interests.
  4. Whichever proceeding used for payment, the Board of directors certify approval of the liquidation of the debt and will be sufficient document to the effect of article 1440.1 LEC always that the agreement has been notified to the debtor, at a spanish address if in Spain or by e-mail if authorized and as established in articles 9 and 21 of the L.E.C.

 

 

ARTICLE 29. BANK ACCOUNTS

 

The funds of the community are deposited in a current account of a branch of a bank, and could open a secondry account for the reserve funds. Said accounts will be held in the name of the community and are only available with the signature of the president and secretary-administrator. All payments and deposits should be realized via the bank, not at the cash desk.

 

 

 

 

CHAPTER V. BOOK AND ACCOUNTS

 

 

ARTICLE 30. DOCUMENTATION.

 

Without fail, in the despositions and laws the community should keep in order and up to date the following books and documents.

-        THE BOOK of OWNERS Register or by default an actualized relation of them.

-        THE BOOK of minutes of the board of owners.

-        OTHER documents facilitated by the promotor of the building, plans, execution projects and whatever other document concerning the community.

All documentation is available at the Administrators office and can be viewed by previous appointment.

 

 

ARTICLE 31. ACCOUNTS.

 

The community should keep accounts in order and up to date , and to respect and comply with the principals of the General Plan of Accounting in force in the State of Spain, except the Tax Book.

 

 

 

CHAPTER VI. RULES OF INTERNAL REGIME

 

 

ARTICLE 32. RULES

 

  1. Awnings instaled in the community should all be the same colour as chosen in the Board of owners on the 28th of September 2007, the color is cream with the reference CITEL DOCRIL-2 (color beige claro). In compliance  with result in a sanction and substitution at cost of the owner. The yellow awning hung before the adaptation of this rule can be maintained until replacement is necessary, at this point it must be changed to the colour cream.

 

  1. The closing off of terraces will be in glass with no frames showing, known as ”glass curtains” in all cases to be installed without danger to third parties, the same can be installed on the lateral parts of dwellings but never from ceilings.

 

  1. The aerials and other audio visual elements should be placed on the Communal roof of each block and the instalation in Communal zones of the complex or other places that effect the aestetics of the area it is totally forbiden. The non-compliance with this precept will result in the sanction of removal, in case of non removal, a possible economic sanction and or legal action.

 

  1. Appliances of air conditioning, heaters, washing machines and any other type of mechanism the instalation of mechanisms in community passageways and exterior walls is totally forbiden. The instalation should be done on individual terraces, alwasys below the level of the bars in a manner that is not visible from the exterior. The ducting will be in the interior, even though those already installed on private terraces should be disimulated by painting them the same colour as the walls. Whatever other exterior channeling on view even of community walls or passageways should be removed. Likewise it is totally forbiden to install compressors or apparatus of air conditioning in Communal passageways, the only acceptable place being on the terrace.

 

  1. Bars on windows and terrace doors should be of the color grey (ref.JUNO GRIS AZULADO, CÓDIGO 1034.04) and with the same model of bar installed by the promotor. Gating ”curtain type” may also be installed in the same color.
  2. The pergolas. The attics, the same as semi-sótanos, and ground floors, can install awnings upon a wooden structure of a clear color to support the said awnings, as established in the meeting on 8th November 2008.

 

  1. Of the semi-sótanos (voting between 2 options).

Option 1 according to the writing of horizontal Division “. - And in addition, in the zone of garden of the houses located in plant semibasement, its modification is prohibited, that is to say, this zone will not be able to be closed, neither with high fences, tile roof, etc., nor of no other form nor to pave either upon the garden

Option 2. (This clause will need to be approved anonomously to be accepted.) The neighbours can alter the gardens of the semi-sótanos with previous approval of the Board of neighbours.

 

  1. Drainage of the terraces: Authorization of channeling for drainage or lenthening of existing drainage pipes is subject to approval from the Board of Directors. Channeling for drainage should be of a grey color and covered by a stone structure the same as the terrace or by plants to avoid the change of the aesthetics of the community. Cleaning of terrace by hosepipe is forbidden to avoid damage to the neighbour below as well as planted zones.

 

  1. MODIFICATIONS IN GARDENS AND TERRACES. Whatever other modification not contemplated in these rules should be approved by the board of neighbours, and until that moment, is totally forbiden.

 

  1. The color of the walls should be mantained in the 2 colors of the walls of the exterior blocks the reference is COLOR CREMA (NO REFERENCE) and AMARILLO (PINTURA EMUCRIL 10).

 

  1. THE DOORS IN PRIVATE GARDENS. IT IS TOTALLY FORBIDEN ACCESS DOORS between private closed spaces of the gardens of the ”semi-sótanos” to the pool.

 

  1. PRINCIPAL DOOR can be substituted for an other of the same model and color.

 

  1. The floor tiles of the terrace can be substitued for another of the same color instaled by the promotor.

 

ARTICLE 33. OF GARAGES, STORE ROOMS AND INSTALATION OF CUPBOARDS IN GARAGES

 

  1. Vehicles can not occupy Communal zones of passage and driveway on the floor of the garage. Nor in exterior zones not established, i.e. obstructing parking entrance, or make access difficult for other vehicles, non compliance wth this will result in the offending vehicle being removed and the cost charged to the offending neighbour.
  2. A neighbour who wishes, can close part of his garage with a cupboard with a maximum depth of 60 cm., provided it does not impede the minimum measurements established by law for the garage space, and has licences and permits necessary, and is done following the same esthetics of the paintings related to the walls, this section can not be used for motor vehicles or inflamable material. Non compliance will result in a sanction and removal of the instalation at the cost of the offending owner, without detriment to taking legal action.
  3. It is forbiden to realize repairs to vehicles in the garage as well as washing of the same.
  4. It is forbiden to use the garage as a place of recreation and playing with bikes, balls, skates, etc.
  5. It is forbiden to store objects in the garage for safety reasons and to facilitate cleaning
  6. It is authorized, at cost to the owner, of wheel clamps but always being inside the garage space.
  7. It is forbiden to install in the store rooms electrical appliances that need a power point. Non complyance will result in a sanction and removal of the same at cost to the neighbour.

 

 

ARTICLE 34. USE OF THE POOL.

 

  1. The pool will remaine open all year round.
  2. The hours of the pool are from 10am to 9pm.
  3. It is forbiden to take dangerous objects to the pool area(i.e. glass or sharp objects).
  4. The papers, cigarrete stubs and other rubbish should be placed in the bins provided.. Non compliance will result in a sanction.
  5. It is obligatory to shower before bathing.
  6. It is obligatory to use swimwear for bathing.
  7. In no case the use of soap, shampoo and other chemical products in the pool area, including the showers,with exception to sun creams.
  8. The use of inflatables and balls is forbiden.
  9. Access to the pool area is limited, ”approved by the owners meeting” the neighbours not up to date with community payments, said neighbours via a control mechanism, will be forbiden access to the pool area.
  10. The pool will have only one door for entrance and exit of owners. It is forbidden to open gates to the area from the neighbouring ”semi-sótanos”.
  11. Persons who remain inside the pool outside established hours assume responsability of said place and will be liable to rules of reclamation of civil or penal origins. The community as owner of the instalations will not be responsible in any case for harm or damage that could happen to users of the instalations in these circumstances.
  12. We reiterate that a breach of these rules could result in the refusal of use of the pool.

 

 

ARTICLE 35. THE USE OF THE GARDENS

 

  1. DOGS are forbiden in Garden Zones.
  2. It is forbiden to throw cigarette stubs in the community or private gardens.
  3. Papers and waste must be placed in the bins provided for this use.
  4. Neighbours should commit themselves to leave the gardens in its original state. (for example following a meeting). It is not the responsibility of the cleaning or  maintenance company to clean these areas.

 

 

ARTICLE 36. RUBBISH SERVICE.

 

  1. The rubish taken out should be in tightly closed bags.
  2. Use the public containers supplied it is forbiden to place rubbish in waste bins, or containers within the community.
  3. In no case leave rubbish in the passageways or terraces.
  4. It is forbiden to place rubble and rubbish at the side of the containers. In case of furniture or old junk the owner is responsible to request the service of a company to collect these items.

 

ARTICLE 37. PETS

  1. All pets should be on a lead at all time within the complex, never loose no matter what type of animal. Breeds considered dangerous should wear a MUZZLE within the community.
  2. Pets can NEVER do their ”business” in community zones of the complex. The cleaning and or maintenance, or anyone has full capacity to request the neighbour to pick up the excrements.
  3. The acts of the animals is the responsibility of the owners.

 

ARTICLE 38. NOISE AND DISTURBANCE

  1. Noise omited from the property outside the hours that the law permits will be sanctioned without detriment, and other action taken as appropriate.
  2. Any owner can insist to the Board of Directors, the administrator, the employees contracted for the communitythe follow up and posterior saction of those owners who demonstrate to neighbours or personnal of the community a falter of respect, insults and other actions that put in danger the harmony and good living of the complex. The sanction imposed will depend on the acts commited.

 

CHAPTER VII. CONTRACTING OF SERVICES

 

ARTICLE 39. THE CONTRACTION OF SERVICES

  1. With the objective to change or axe a service that is not resulting satifactory, it is agreed that the written contracts with suppliers of services (maintenance, cleaning, security, administration, etc.) will be signed for periods of 3 months renewable in the same manner of three months, previous to revision and checking the results by the board of Directors and of course attending the suggestions of the neighbours.
  2. Whatever service is not included small repairs can only be contracted once at least two other competative offers from distinct suppliers have been received.
  3. Voting between 2 options:

Option 1 . “In order to maintain cordiality between neighbours and avoid conflicts of interest, none of the owners in Residencial Don Juan phase 1 can be part of the Board of Directors if he/she or any family member carries out paid work for the Association; or if they are employees of any supplier to the Association or if they are owners totally or partially of a company that supplies the Association.”

Option 2 No owner or direct family member of an owner can be a supplier of services paid from community funds.

 

CHAPTER VIII. MODIFICATION OF THE REGIME OF INTERNAL RULES

 

ARTICLE 40. MODIFICATION OF THE REGIME OF INTERNAL RULES

The modification of internal regime corresponding to the community in the terms established in the L.P.H.

 

CHAPTER IX. DESOLVING OR LIQUIDATION OF THE COMMUNITY

 

ARTICLE 41. DESOLVING THE COMMUNITY

    1. Constitute cause of disolving the conclusion of the end of what is constituted of the community and complete disappearance of Communal zones.
    2. The disolved community will conserve the legal personality even if liquidization is realized of the same.

 

ARTICLE 42.  LIQUIDATING THE COMMUNITY

The liquidation of the community will be practised by the Board of Directors, converting in the liquidating board or by members of the community who are appointed board of owners.

 

ARTICLE 43. AWARDING OF COMMUNITY ASSET.

The assets will be devided up according to article 8, point 5 on these rules.

 

CHAPTER X. FINAL DISPOSITION

 

ARTICLE 44. FINAL DISPOSITION

 

The owners or their successors in the property of apartments, garages or store rooms of this regime of the community submit expressly to the ”JURISDICTION AND TRIBUNALS OF FUENGIROLA” and what is not predicted in these rules governed in the L.P.H., civil code and others laws and disposition.




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16 Aug 2009 15:04 by westport Star rating in London & Co.Mayo Ire.... 500 forum posts Send private message

Regarding article "12 b"  below, this will be very difficult to police. I totally agree that those that are not up to date with their community fees should have no right to use the pools, while the rest of us pay for it. The problem we have in phase 1, is the gates are open to everyone. I think even if it was by key access, this could be beaten by a "friendly" neighbour getting a spare key cut for the non payer. Is there any way possible of having a smart card/ swipe card system, that could deactivate card holders that are not up to date, and if so what would be the could for the 2 pool areas, and cards. I have recently seen an English registered car driving into our complex in the evenings when most people have gone, to go for a swim with his 2 grown up kids, and then drive out again. We need to put a stop to this.

Westport

ARTICLE 12. SANCTIONS

 

  1. In case of non complyance of whichever article of these internal rules of regime of the community by the owner or person., the owner will be warned in writing and in failing to comply may be penalized with non use of and access to Communal services.

 

  1. Any owner who is not up to date with payments may be sanctioned by the directive board, and deprived of use of Communal zones like gardens or pool, and also be sanctioned in whatever other way the community sees fit.

 

 




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16 Aug 2009 15:21 by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear All,

The new rules are out

As they are still not perfect we will continue to work on it.

Westport we already thought about access with cards and investigate the possibilities

Best regards,

René



_______________________
Best Regards, René


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16 Aug 2009 17:42 by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi westport i think we should just have a combination lock  for the use of don Juan owners so people from out side don't have access, as i have read that the card swipe system you are talking about  has cost a lot of money and  breaks down a lot on other communities but we do need stop this  bye Irene



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16 Aug 2009 17:54 by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

This set of rules has no doubt been a lot of work, however ti's doomed at birth. It tries to be very detailed and strict without proper possibilities to sanction all those precise rules.

At some points it's not in accordance with the Law on Horizontal property, there are inconsequences in the rules and the wording is imprecise or plain fault. It tries to repeat parts of the Spanish laws, while missing out some others which makes it hopeless to maintain even before a judge. 

There is a mention of economic sanctions but no way to enforce these. Basically it's a long and ovely detailed document which will just create misunderstandings and arguments between neighbours without any way to settle these arguments.

F.i.: what are we going to do if someone plays with a ball in the pool? Nothing, because we can't.

What are we going to do if peoply dry wash and towels on the balcony? Again nothing, 

I hardly use my front door as it's below the ground so if I walk with my dog to my apartment I'm violating a rule. Who's going to stop me? 

Best of all why would you want to regulate all this stuff if you know you can't maintain it. 

 

Max

 




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