Community Statutes & Management Contract

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22 Mar 2009 00:00 by Gee Gee Star rating. 4 posts Send private message

Hi all

We have been chasing our management company for a copy of the statutes relating to our community along with a copy of the contract between them and the developer. The under noted is their response,

"It seems the promoter never set up specific statutes for the community, this is not unusual as the community is governed under the national community law the Ley de division horizontal. In any way this law always supercedes individual statutes and most statutes are almost a copy with minor alteration.

Also in relation to our contract we have these on other communities but again not on your community, again it is not required as the duties are specified in the Ley de Division horizonatal.

Northern European normally like to have some piece of paper on this, Spanish never want this as they understand the Division Horizontal."

The big question we are asking is our development legal? With no statutes who owns what? I would appreciate any advice from anyone who has some knowledge on this subject.

Rgds

Gee Gee


 



This message was last edited by Gee Gee on 3/22/2009.



This message was last edited by Gee Gee on 3/22/2009.



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22 Mar 2009 11:57 by mariadecastro Star rating in Algeciras (Cadiz). 8584 posts Send private message

mariadecastro´s avatar

Dear Gee Gee.

Even when a community can  legally exist without Internal Rules, it is legally  necessary for you to have clear knowledge of the risponsabilities of the management company so you can know, ask, supervise and claim if needed.

I would advise you to set a date for a Community meeting and discuss and decide on this, and even add the drafting of the internal rules to the Meeting Agenda.

Best wishes,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 Mar 2009 13:23 by Gee Gee Star rating. 4 posts Send private message

Hi Maria

Many thanks for your advice it is appreciated. One other issue that we are having trouble with is outstanding debtors. The community is due approx e300,000 in fees from the developer who still owns several apartments and the owners. We do not have the funds in our account to instruct a lawyer to act on our behalf and chase the debtors.  One owner however has mentioned that legal action can be taken on the basis that the lawyers fees can be added to the debtors outstandings and claimed against via the court. Can you advise if it's possible to ask a lawyer to represent us based on their fees being paid by the debtors at the end of a successful claim?

On one other point is it the responsibility of the managing agent to chase the debtors or is it the committee representing the community of owners?

Thanks again

Gee Gee

 





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22 Mar 2009 13:35 by mariadecastro Star rating in Algeciras (Cadiz). 8584 posts Send private message

mariadecastro´s avatar

Answers below in bold green:

Hi Maria

Many thanks for your advice it is appreciated. A pleasure. One other issue that we are having trouble with is outstanding debtors. The community is due approx e300,000 in fees from the developer who still owns several apartments and the owners. We do not have the funds in our account to instruct a lawyer to act on our behalf and chase the debtors.  One owner however has mentioned that legal action can be taken on the basis that the lawyers fees can be added to the debtors outstandings and claimed against via the court. Can you advise if it's possible to ask a lawyer to represent us based on their fees being paid by the debtors at the end of a successful claim? No win no fee is not permitted in Spain, but you can ask your lawyer to reduce the initial provision of funds to minimums and even pay it in different instalments, then, the final fee liquidation is due and will paid at the end of the procedure by debtors.

On one other point is it the responsibility of the managing agent to chase the debtors or is it the committee representing the community of owners? They need to be chased by the President or the Administrator, out of court and if failed, judicially:

http://www.eyeonspain.com/spain-magazine/community-horizontal-7.aspx

Thanks again. You are very welcome!


 



This message was last edited by mariadecastro on 3/22/2009.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Mar 2009 13:45 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Hi,

On the subject of Statutes.

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).

Can we change our statutes/reglements with a majority vote? (at our AGM)

Some owners want to change the  pool opening times.

28SAC

 





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24 May 2009 10:16 by bluefox Star rating. 50 posts Send private message

does anyone know where to get an accurate translation from spanish to english, as our statue's are all in spanish, google translate etc. has been mentioned but it's not to accurate, thank's in advance. bluefox 





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