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01 Feb 2010 12:00 AM by raff Star rating in Belfast. 143 posts Send private message


Looking an answer to this question:

Does Spanish law require that  meetings, and in particular community meetings with their administrator, have to be conducted in Spanish. (even if an english translation is made available).

This case was stated recently on a community thread and although I remember reading something about this a while ago I just never got to read the answer, but I think it may well be correct.

It seems strange that if the majority of the urbanisation speak and understand English then that should be the language used at these meetings with a Spanish translation provided if necessary.

As a golfer I have played throughout the 'Costas' and have meet a numerous presidents who don't speak or who have a limited use of spanish and I just wondered how this proessed worked.




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01 Feb 2010 11:35 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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This point is important - whether a meeting and its resolutions might be voided when that meeting is held in a language other than Spanish -.
The Spanish Constitution in its section 3 (1) recognizes the right to use Spanish as an official language. It is also recognised in its section 13 (1) that ‘aliens in Spain shall enjoy the public freedoms guaranteed by the present Part, under the terms to be laid down by treaties and the law’
The Supreme Court ruling of 15-11-02 held that it may not impose the use of a language in private relationships. In this important judgement a Spaniard attempted to challenge resolutions adopted in a meeting on the grounds of non use of Spanish language. However the Supreme Court refused his arguments because:
i.              1º It was agreed in a resolution passed by the Owners' Committee that English shall be the language used at meetings.
ii.             2º Moreover, in that case was provided a translation to Spanish rendered by the secretary.
The CA rulings in Malaga 30-12-2005, 16-01-2006 and Las Palmas 02-04-2003 took the same approach, adding that there is no provision in the Act imposing an obligation to held meetings in Spanish. Thus, resolutions agreed in those meetings are valid.


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01 Feb 2010 11:43 AM by raff Star rating in Belfast. 143 posts Send private message

Thanks Spanish solicitor for your quick but comprehensive reply.

That answer makes complete sense and clears the mater up perfectly.


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01 Feb 2010 3:25 PM by raff Star rating in Belfast. 143 posts Send private message

I know that the answer given by FJORDAN was clear and concise, but I should have realised that the answer to one question gererally gives rise to another.

Here's what was the posted:-

(Thanks for the link, interesting reply

1º It was agreed in a resolution passed by the Owners' Committee that English shall be the language used at meetings.

only problem we have now is that english speaking are are majority but we need 100% owners to cahnge the statutes so i guess we will have to live with the translation for a while.)

Now two things spring to mind here, firstly that satute law refers to legislative / written law and european rules must have had an influence in the courts decision as earlier described by the Spanish Solicitor. Secondly can anyone on EOS or or anywhere else for that matter tell me when at any meeting on any subject has 100% of the participants argeed. Never, No Way. Even when the OH tells me what to do she only gets 98.9% compliance.

If it is a fact that statute law requires 100% agreement then I guess we are all in big trouble.

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01 Feb 2010 4:27 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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That 'statutes' mentioned are the Articles of the community or Estatutos.
Last paragraph of section 5 of the HPA provides:
The commonhold community statement CCS or title (Master deed or escritura de declaracion de propiedad horizontal)  may also contain rules and regulations concerning the exercise of rights and other provisions not prohibited by law relating to the use and purpose of the building, its various flats or premises, its installations and facilities, expenses, administration and management, insurance, maintenance and repairs, making provisions that shall not prejudice third parties if they have not been registered with the Land Registry
For any amendment of the commonhold community statement, the same requirements shall be observed as for its creation, except as otherwise provided regarding the validity of the commonholders’ agreement.
These rules and regulations are the Articles which cannot be amended unless unanimous agreement of the owners is reached
Articles are regulations governing the running of the commonhold which are not mandatory and must not be confused with the CCS or title although may be incorporated together at the same time or subsequently. As was stated by the Supreme Court in its decision of 29-10-2001 the Articles are part of the title or CCS. Thus, there are no Articles without title but there are titles without Articles. Although neither is compulsory, the Registrar will not admit any articles if the CCS has not previously been registered.
The point is that the Articles do not usually refer to the language to be used at meetings, therefore you only need majority in order to pass a resolution in which from now on meetings  will be held in English.
Bear in mind that although the meeting is held in English if any Spaniard turns up it must be provided translation from English to Spanish as well as the book of minutes and meetings' notices must be translated to Spanish


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