House rules

Hi to all,

We want to introduce some new internal house rules into our complex as for 8 years we have only had the original statutes.

One of the new rules contradicts a statute (pool opening times)

How do we stand with this? 

Thanks

28SAC

You would need to have the issues on the agenda of either a E.G.M. or your next A.G.M. to allow the whole of the Community to vote on them.  Once this is done and if the majority vote changes anything that was voted in previously then once it is written in the minutes this becomes the new statute of the Community.  If it is something as basic as pool opening hours please remember to post this information at the pool as many owners do not read the minutes from meetings and may not be aware they have changed.

Thanks Deniseatnycs,

The proposed new rules are a point on the Agenda and we expect 50% of paid up owners to attend.

Some are telling me that only 100% of owners can do what you are saying but i would think that this would be nearly impossible to ever carry out and your explanation is correct.

Is there a part of Horizontal Law that i should quote to them?

I have read through it time and time again and you can interpret it in many ways.

Your advise is much appreciated.

28SAC

Hi 28 Sac

In part the 100% rule would apply,  for instance if you were proposing to fill in the pool and turn it into tennis courts or maybe open a bar in one of the apartments.  For anything of less substance 100% rules would be impossible and a Community could not move on or indeed get anything done, what if your President resigned, or you were not happy with your gardeners you would never get replacements if that rule existed.  Have you a decent Administrator ours stands up at the meetings and explains any queries such as this?

Thanks Denise,

The Administrator is good but when you are getting battered from all sides then i like to be prepared to help.

Thanks for the help

28SAC

Sounds like my kind of Community!  Good luck let us all know how you get on please?

You should take a look at Article 17 of the LHP.

Unanimity is required for any resolution to be validly passed where statutes are being modified.

That means all the owners present/represented at the Meeting must vote for it.......Not 100% of all owners.

By the way, our Community at El Alarife in Calahonda doesn't have any statutes.

The first owners moved in 10 years ago......the various Presidents and several Administrators who have come and gone in that time have done absolutely nothing about it.

Great that you want to do everything properly, but from experience no Community complies with the "Ley" in Spain, if a President or Administrator have predetermined they want something passed to suit them.

You would have to spend lots of money and time to get their unlawfully passed (illegal) resolution rescinded through the Court.

 Interesting topic. Can I informally suggest the following?

Your pool opening times - as that they are contained in your House Rules -l only need a majority to change them.

If they were statutes then you may need 100% to agree to change them - this is very difficult to obtain.

The fact that many communities ignore the various Leys and House Rules is sad so it is worth putting a proposal to the next AGM about changing the swimming times - and hence the house rules - just to demonstrate that this the right way to do things.

We have similar probs here where the committee seems to assume they have the authority of the Pope and the power of the SAS.

Good luck

Hi to all,

Just back from our 10 day stay for our AGM and various other meetings.

All your comments were taken on board and were very helpful.

Our new house rules were accepted as an internal document that do not affect the Statutes but are for further guidence to visitors.

There were lots of heated discussions over Quorems and majorities but after one Dutch owner stood up and asked if we were all children or mature adults and could we just not vote a demorcratic way it went quiet. Some owners were still clutching straws and saying that the percentage of owners there did not constitute a correct vote but this was thrown out. In the end most owners seemed happy and after our 9. 30am start we finished at 5 30pm.

Can't wait till next Easter.

28SAC

Hi 28sac

Our AGM is June 1st & I can't wait either.  If I'd realised I'd be booking my hols for when the AGM was on (after the last fiasco) I'd not have booked BUT, seeing as we are going to be there, we shall go & join in the shouting match   & the .

Hi 28sac,

You must submit this time for an AGM into the EOS record books...... 8 hours! With nobody injured or assaulted I am impressed. My faith in human kind has been rekindled.....................Just a bit!

Just out of curiosity did you have Spanish owners present?

Hi,

There was quite a lot of injured pride but no phyisical damage.

One Spanish owner present who raised the most objections quoting Horizontal Law but was put in his place by the majority.

32 British

16 German

2 Swiss

2 Dutch

1 Spanish

One big not so happy family from 86 owners..

28SAC