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14 Aug 2021 11:10:

Witkar, it is not exactly that all AGM's are cancelled until after December 31, 2021.  What the legislation enacted by the Government in June says is that "the obligation to hold an annual meeting of owners to approve the accounts, budget for next year, etc. is suspended until after December 31, 2021".  The legal obligation is suspended but if a community finds a safe way outside and with sufficient distancing, the AGM can be held.  Also, it allows for both Zoom or other telematic method if no one objects and voting in writing like the example provided by Nigel188.

If a Community does not wish to use the authorized formulas (telematic or written), then the budget, the fees and the officers are considered extended until after December 31 or if the suspension is not extended further until the date in which a proper AGM can be held.

It is up to each Community of Owners to decide what they want to do.

 


This message was last edited by lobin on 14/08/2021.
Thread: AGM

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18 May 2021 08:19:

As it is often the case, the OP is confusing administrative residency and tax residency.  Generally both concepts go together.  If you have a resident authorization you are deemed to live in Spain and, as such, you are taxed as a resident.

However the definition of someone that is taxed as a resident (tax residency) is someone who spends in Spain more than 183 days in a calendar year.  This is further detailed in Tax Treaties that include tie breakers in case of someone that meets the definition to be taxed as a resident in both countries, that of nationality and that of residence.  I won't go into those here in order to keep matters simple, but a tax specialist should be consulted in those cases.

If a foreign person that does not have an administrative authorization to live in Spain does, however,  spend in Spain more than 183 days in a calendar year, then he will be taxed in Spain as a resident for that year, unless he can prove he is taxed as a resident in his country of nationality.  The fact that he was not authorized to stay in Spain for that long is irrelevant for tax purposes.

I hope this helps to clarify the difference between administrative residency, tax residency and factual residency.



Thread: Tax - if refused residency

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05 Mar 2021 10:40:

This increase in taxation is not "new".  That difference between EU member nationals and third country nationals has been in existence for many years.

Actually what happened (way back) is that the Taxation rules established a higher taxation for all foreigners than for Spanish nationals.  These rules were challenged before the EU Courts on the basis that they established a discrimation between other EU nationals and Spanish nationals, contrary to EU laws.  The Court ruled against the Spanish Tax Law and Spain changed the rules so that all EU nationals were subject to the same rules as Spanish nationals.  However, they kept the higher tax rules for nationals of non EU countries.

The UK became a non-EU country in 2021 and therefore UK nationals are no longer covered under the non-discrimation rules of the EU.



Thread: 'New' tax on income from property.

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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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