Internal rules of a community

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22 Aug 2014 12:17 by grandslam Star rating. 54 posts Send private message

Hi all, just wondering if anyone could advise the legality of the following please,

we have just received an email from our administrators of our community giving us  quite a lengthy list of the internal rules of the community, these have been sent to every owner, at the top of the rules it states that  if rules are broken there will be conscequences firstly a verbal warning, secondly written warning and thirdly a vote by the governing body which will possibly result in the person being refused use of the community facilities.

Could anyone clarify if this is legal  or not.Some of the internal rules seem a little over the top for example restricting owners to only be able to take out their rubbish to the external bins outside the complex at certain times of the day and only at these times.     Not hanging towels over balconies just silly little things which seem rather petty,

Could anyone please advise many thanks

                       dickie

 

 

 

 





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22 Aug 2014 13:33 by johnzx Star rating in Spain. 5246 posts Send private message

 

 

Extract from  .spanishpropertyinsight.com/legal/the-comunidad-de-propietarios-ley-de-propiedad-horizontal-commonhold-law/ 

 

(found bt Google  on "spain new community rules"    There were quite a lot more results.)

 

Bylaws and Community Rules

In addition to the above general laws, the day-to-day running of each community is really determined by the Communities’ Bylaws (Statutes) which are drafted at the time of lodging the Master Deed (aka Escritura de División Horizontal or Horizontal Deed). Unanimity is required to amend either the Master Deed or the Community Statutes (arts 5 and 17). So in practice it’s quite a feat to change either of them.

That’s why a community may, at its own discretion, approve its own Community Rules (in Spanish Normas de Regimen Interno or Normas de Funcionamiento de la Comunidad de Propietarios), which are not to be confused with the above Community Statutes. These Community Rules need only a simple majority vote to be approved and amended so as to waive the unanimity rule. They allow for great flexibility and will rule, for example, on communal services such as garbage collection or the use of communal facilities such as the swimming pool or lifts. They cannot rule on matters reserved only to Bylaws.





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22 Aug 2014 13:39 by nitram Star rating in castalla. 172 posts Send private message

Hi Grandslam.

 

Firstly the Administrator doe´s not make the Internal Rules thats up to the Community of Owners, they can give  advice on your rules, to make sure they come within the law, and rules can´t change the Laws of HPL, By-laws of town etc.

 

With regards to putting rubbish out, in our town there is no rubbish bins glass, cardboard yes, so the town people put out their rubbish after 23.00 and bin men come between 23.30 & 24.00 stated in local by-laws.

 

Sounds like another administrator company trying to run YOUR community and not the people





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22 Aug 2014 17:28 by MikeandHelen Star rating. 182 posts Send private message

The Spanish property Insight article is dated July 2012. Whilst much of the content may be correct and up to date, significant changes to the Horizontal Property Law came into effect on 28th June 2013.

Maria de Castro has published two of her excellent Blogs on this:

Legal tip 998. NEW Rules for community of owners in Spain- June 2013- Part I 

http://www.eyeonspain.com/blogs/costaluz/10937/Legal-tip-998-NEW-Horizontal-Property-Act-June-2013-Part-I.aspx 

Legal tip 1001. NEW Rules for Community of Owners in Spain- June 2013- Part II 

http://www.eyeonspain.com/blogs/costaluz/10943/Legal-tip-1001-NEW--Rules-for-Community-of-Owners-in-Spain--June-2013--Part-II.aspx 

 

Mike. 

 


This message was last edited by MikeandHelen on 22/08/2014.


This message was last edited by MikeandHelen on 22/08/2014.



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23 Aug 2014 00:21 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Grandslam

Community rules are indeed decided by a majority of Owners not an Administrator, the Administrator should be advising owners of decisions made by AGM or EGM.

some rules may appear petty but standards of behavioue etc. are fairly important if you want owners and guests to respect each other and the facilities.

the biggest problem is normally enforcing any rules but hopefully owners should self monitor.





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