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01 Jul 2020 09:32:

According to the Horizontal Property Law, the resolutions of the Meeting of Owners are passed by a double majority, that of owners and that of quotas.  For the first majority, the number of owners in favour or against the resolution are counted and you need more than one half in favour for the resolution to pass.  For the second majority, the amount of quotas in favour or against the resolution are counted and you need more than one half in favour for the resolution to pass.

For the first majority, if a property is owned by more than one person, these owners will have to decide which of them casts the vote as that property will only give one vote.  Likewise, if an owner owns more than one property in the community, this owner will only have one vote for the first majority.

For the second majority, the quotas of those owners voting in favour or against are added up.  If an owner owns more than one property, his total quotas of all properties will be taken into consideration.

That is the Law and cannot be modified by the Statutes or internal resolutions.

A different thing is how the owners' contribution to expenses is calculated.  According to the Law, the contribution will be based on the quotas each owner has although the Statutes can stipulate that the contribution will be the same for each property, regardless of the quota.  This resolution to alter the way expenses are distributed requires unanimous consent and to modify it in the future, a unanimous vote is also required.

Since the way it is being done in your community required an express change from the quota based system to an equal contribution by all properties, I would try to make sure this was correctly voted in when it was first introduced.   If it was,  you can ask that the next Meeting of Owners (whether AGM or EGM) discusses changing the way expenses are distributed to a quota based system.  As mentioned, to pass, the resolution requires a unanimous vote.  This is quite difficult to obtain because generally those owners that will have to contribute more in a quota based system will object.

To summarise, you can change the way community expenses are distributed among the owners but you cannot modify the way votes are computed in Owners Meetings.



Thread: Ownership quotas and community fees

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15 Apr 2020 12:20:

It is not possible to consider something like that without first being assured by the various suppliers of goods and services to the Community that they, in turn, will consider something like that for the payments due to them by the Community.  Unless the Community has a very healthy reserve of funds to cover at least six months, I don't think, generally speaking, the possibility exists of being able to grant a deferral without jeopardizing the services the Community requires from suppliers.

 



Thread: Community Fees deferral?

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29 Mar 2020 14:00:

Just in case the news from yesterday have not reached everyone, the Government in a meeting today will Decree a two week paid holiday to all workers on non-essential services or industries.  It starts tomorrow, Monday the 30th of March and will end on Thursday the 9th of April.  The idea is that people who work on these non-essential services and industries stay home making weekdays equivalent to weekends for two weeks.  Salaries will continue to be paid by employers and employees will have to work the extra time over an extended period once the Alarm state is over.

Since Friday 10th April through Sunday 12th April are holidays, this amounts to an eight day holiday for most employees of the non-essential services or industries.

As to what is essential or non-essential, we have to wait for the final wording of the Decree but in the President's TV appearance he cited as an example of non-essential the construction and building industry.  He was asked whether the media was considered essential and he answered yes to the question.



Thread: Any legal questions related to Coronavirus situation in Spain?

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24 Mar 2020 11:30:

The 211 form is the form used to file the 10% retention a purchaser makes on the purchase price of a property bought from a non-resident.  This form is filed by the purchaser or their representative.  Of course, you can download a blank form from the AEAT website but that is not what the seller needs.  The seller needs the information from the form filed by the purchaser.



Thread: 211 Form

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28 Feb 2020 10:22:

johnzx is correct.  There are two sets of rules of Personal Income Tax in Spain.  One set applies to Spanish tax residents (regardless of nationality) and the other set applies to non-residents (again regardless of nationality.  This second set naturally apply to Spanish nationals who are not tax residents of Spain.  Tax residency in any given year is obtainedk by spending in Spain more than 183 days.

The exception to this rule is that the EU ruled some years back that nationals of another EU country had to be treated under the same set of rules as tax residents even if they were non-resident precisely under the non-discrimination principle.

Therefore, UK nationals whether they were tax resident in Spain or not were taxed under the same set of rules which includes, among other items,  lower capital gains tax rates, possibility of deducting certain expenses from rental income which other non-tax residents do not enjoy.  However, once UK nationals are not considered EU nationals, they will go back to being taxed as any other non-tax resident (for example US nationals and nationals of most countries on earth that receive income from Spanish sources).  This is not discriminating UK nationals but rather treating them the same way as any other non-EU national that obtains income from Spanish sources.

Just to complicate things a bit more, to complete the tax treatment of a non-tax resident of Spain, there might be a Double Tax Treaty signed between Spain and his country of tax residence (not necessarily his nationality but his tax residency) that might change or affect some of the rules.  This has also to be taken into consideration.

I hope this helps to clarify the reason why the tax treatment of UK nationals who obtain income from Spanish sources without being tax residents of Spain, will change once the UK is out of the EU unless Spain decides to modify the rules. I would be very surprised if this change takes place.



Thread: Brexit: tax on lets

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