Community Statutes & Management Contract

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.

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

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

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!

Hi,

On the subject of Statutes.

Section 17.

(Unanimity shall only be required for the validity of those resolutions involving the approval or

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