First I am a little confused. In my translation of the HPA (by CASTILLO TRADUCTORES) section 14 talks about “general assembly”. I assume this is what you mean by “Owners committee” Yes it is the same body
That HPA translation (version Castillo Traductores) contains some mistakes because the author is not a lawyer. I pm you a more accurate translation
Section 13 provides for the governing bodies of a community
a) The Owners’ Committee.
b) The president and, where applicable, the vice-president.
c) The secretary.
d) The administrator.
The Owners’ Committee is another body of the community formed by all the owners who attend a meeting. Its functions are provided by section 14
It is the supreme instance of the community. The ultimate control of the affairs of the commonhold is through the commonholders in the meetings.
(We also have a “Community committee” which is the president, vice president and two owners of which I am one)
That 'Community committe is not provided by the Act thus, it has no legal functions
14b says that the General meeting shall approve budget. I understand that this means that there must by law be a budget.
Exactly, it is a legal requirement. Lack of budget passed by the OC could means unenforceability of the owners’ obligation to contribute
The rest of your questions are best answered by telling the story from the beginning.
We are two communities in one urb. CI and CII.
Section 24 of the Act provides for the creation of an association of communities. For this purpose, the commonhold community statement (the title or the ‘escritura de declaracion de obra nueva y propiedad horizontal) must be executed by the developer or by all the presidents of the component commonholds, duly authorised by majority vote of their respective Owners’ Committee.
The commonhold community statement shall include the description of the whole development and of the common parts, roads, installations and facilities. It shall also contain the percentage established for each one of the component communities. These shall be jointly liable for the general expenses of the association. The commonhold community statement CCS and the Articles of the association may be registered at the Land Registry.
Have you got an official copy duly translated of your CCS updated from the Land Registry? Otherwise you are blind in this issue. It is like when you buy a kitchen in IKEA and after a good fika you try to assemble it without instruction manual
They sacked the administrator in the spring and hired another from the builders list. We in CII had an informal meeting in June 2008 and agreed on choosing our own administrator
The administrator must be appointed by the OC by ordinary resolution in a meeting duly convened
During the summer when we were in Sweden, a lot of activities, I believe was started by the president in CI. When we got back a group of owners have decided to choose the same administrator as CI and had also appointed a president candidate.
The first AGM in Nov 2008 was led by the new administrator as we started by sacking the one appointed by the builder. When we got to the point of economics the administrator claimed that no budget could be set up as he did not know what the cost should be (it is not an excuse) and had not got the master deed. (It is compulsory to register the Master Deed or title by the developer otherwise it is impossible to sell each unit) The fee was set to a first payment of €150 and then €40 per month for everyone first six months. The value of the plots range from €160.000 to about €400.000. Unfair distribution not according with the percentage established in the title for each unit. It is funny he does not know what the expenses of the community are but he does know to fix the monthly payments
I could not attend to the EGM in June 2009 but asked the administrator and the president to put budget on the agenda which they refused. They also refused to put my three other proposals on the agenda and said that the reason for the EGM was to approve change of some properties. Is that legal?
Section 16 (2) provides that any owner may request the Owners’ committee to examine and resolve any matter whatsoever which concerns the commonhold. For this purpose a request in writing should be sent to the president setting out clearly the items requested to be dealt with. The president shall then include them in the agenda of the following meeting.
Note that we have not approved any community rules.
I will try to get the Spanish version of the AGM and EGM when we are back in Spain in September. In the EGM minutes I fund a line:
“* The Spanish minutes state “Asamblea General Ordinaria” which means “Annual General Meeting”.
The builder still owns some houses but had not played any fee at the date of the meeting. In spite of that he was not on the debtors list not in the call neither in the minutes. Administrator claimed that they got a letter from the builder where they promise to pay later!!! (I bet you one big fika that the developer is not going to pay anything until the Final Judgement) This is not in the minutes. (The administrator is clearly linked to the developer or he couldn’t care less)
One more questions:
Is it legal to publish the list of debtors with names and address on Internet?
It is illegal to publish such list if any non-owner could access it. I mean, it has to be protected by password or any other method