New rules imposed before first AGM

Dear Maria & All

We are new owners on a development in Murcia and the builder has appointed a Management Company who have given required notice to some residents and owners but not all of the first AGM on Friday 20 February 09.

When we all completed we were provided with a copy of the rules of the association (“General Articles of Association of Level 1 Private Property Complex”) before any meeting of the residents and owners has taken place with the newly appointed Management Company, new leaflets have started appearing providing additional rules and restrictions for owners and residents such as the type and colour of lighting which can be fitted to the outside of our properties and type and colure of awnings which can be fitted.  The outside lighting provided by the Builder doesn’t  conform to these new rules.

My questions are:

• Can the Management Company or anyone else impose new rules in this way without consultation with owners and residents?

• Do all owners and residents have to be notified of the first AGM?

Regards

Phil

Hi PGM

• Can the Management Company or anyone else impose new rules in this way without consultation with owners and residents? NOT IN MY BOOK, THEY CAN'T !! (Maria, over to YOU).

• Do all owners and residents have to be notified of the first AGM? IN MY BOOK, CETAINLY THEY MUST BE NOTIFIED OF MEETINGS ! (Maria, over to YOU).

It's normal for some basic rules & regulations to be laid down by the developer - these are the estatutos (statutes), and form part of what is essentially the master deed for the entire property. It would also be normal for these to include details such as awning colours and outside lighting fittings, since this will ensure the building maintains a uniform appearance.

As I understand it, this document must be registered at the land registry in the same way as individual deeds, and any subsequent changes would have to be made through the correct legal channels (in front of a notary) and registered accordingly.

Section 5 of the Horizontal Law: The master deed may also contain rules and regulations concerning the exercise of rights and other provisions not prohibited by law regarding the use of the building, its units, its installations and facilities, expenses, administration and management, insurance, maintenance and repair, thus constituting a private statute that shall not bind third parties unless it has been registered in the Registro de la Propiedad [Land Registry].
For any amendment of the master deed the same requirements shall be observed as for its creation, except as otherwise provided regarding the validity of resolutions.

It would seem that since the first meeting has not yet been held, changes can still be made, but only if they are properly registered. Once the community has been legally formed, such changes can only be made by a unanimous vote at a general meeting:

Section 17: Unanimity shall (only) be required for the validity of those resolutions involving the approval or
amendment of the rules contained in the master deed or in the community statutes.

As for the existing light fittings not conforming to the new rules, that would seem to be one almighty faux pas!

To your second questions, all owners (not residents) must receive at least six days notice of a general meeting.

Section 16:3: The annual general meeting shall be called with, at least, six days’ notice and extraordinary
meetings shall be called with sufficient time to inform all parties concerned

Hope this helps.

Roberto, you are a crack!

Just doing my job!

a long distance job hum?

Hi

Thank to all for the information, how do I find out if the additional rules that have appeared have been properly incorporated or not?

Regards

Phil

Ask the administrator on Friday for proof of such. Don't be afraid to quote the Horizontal Law.

Hi Roberto

Thanks again for your valued assistance in this matter.

Regards

Phil