No Community Statutes !!??

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10 Jun 2015 15:50 by On a mission ! Star rating in Caleta de Fuste,Fuer.... 52 posts Send private message

On a mission !´s avatar

Our Community is in Fuerteventura, it is pushing 20 years old and it has never had any Community Statutes !!

Any straightforward, up-to-date advice about how to rectify this problem would be very much appreciated smiley

I'm particularly interested to know whether or not it is necessary for every single owner to attend the Notary together and at the same time to sign papers, and if this is actually a legal requirement or whether it is a fob-off !!??

Also, any info on what benefits that are to be had from actually having Community Statutes would be really helpful, as the lack of them seems to be the standard excuse for not achieing more or less anything

Thank you in anticipation

 

 


This message was last edited by On a mission ! on 10/06/2015.


This message was last edited by On a mission ! on 10/06/2015.

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10 Jun 2015 21:10 by nitram Star rating in castalla. 165 posts Send private message

Why do you want Statues now after 20 years ¿

What has it got to do with a Notary nothing at all, nobody signs any papers

At a AGM or EGM Majority vote is all thats needed

As you say don´t mess if it´s not broken





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10 Jun 2015 23:21 by nigel188 Star rating in Estepona. 621 posts Send private message

Hi

Interesting article found on the internet,which may help your situation.see link below.

http://www.spanishpropertyinsight.com/legal/the-comunidad-de-propietarios-ley-de-propiedad-horizontal-commonhold-law/

 



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11 Jun 2015 00:14 by On a mission ! Star rating in Caleta de Fuste,Fuer.... 52 posts Send private message

On a mission !´s avatar

Thank you both very much for your replies.

Mmmmmm....................we have a set of Community Rules which were made 2 or 3 years ago by unanimous vote at the AGM, from the given link it seems that if Community Rules are incorporated in to the Master Deed these then become Community Statutes ?? Is that correct? Maybe it's that incorporation that would require all owners to sign at the Notary ??

I get your point about why want Community Statutes after 20 years !!! It's because the lack of them is constantly used as an excuse for "not getting things done" such as getting debtors to Court and lawfully preventing debtors from using the Community pool, that's why I want to get to the bottom of it because I'm becoming ever more convinced that it is an excuse for lack of appropriate action by our Committee.

Any more thoughts gratefully received, thank you

 



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11 Jun 2015 08:35 by nigel188 Star rating in Estepona. 621 posts Send private message

11 Jun 2015 19:06 by Roberto Star rating in Torremolinos. 4495 posts Send private message

Roberto´s avatar

Just my understanding of the subject - the Master Deed (of which there must be one!) and the Stautues are effectively one and the same thing. The "statutes" are basically community rules which were incorporated into the master deed by the developer before dividing the property amongst individual owners (under the horizontal divison law) and may include things such as colour of toldos etc, in order to ensure uniformity. These can be changed at any time by unanimous vote. Other rules can be introduced via voting in an AGM or EGM, and as long as the minutes are correctly registered, will become legally binding too. No need for any owners to go to a notary. The existence or otherwise of the master deed or stautes should have absolutely no bearing on chasing bad debtors. Don't think it's legally possible to ban them from using communal facilities, however.

It does sound like someone (administrator, president?) is just making excuses.



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22 Jun 2015 13:13 by mariadecastro Star rating in Algeciras (Cadiz). 9300 posts Send private message

Legal Questions? Speak to Maria Direct

Statutes and Community regulations are not obligatory and can be establishes anytime along the life of the Community of owners



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Director www.costaluzlawyers.es

El blog de Maria



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