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16 Aug 2019 10:10:

Yes.  If a Bank owns several properties, the Bank's representative can vote for the several properties.  However, as a single owner the Bank gets one vote for all its properties and also the total sum of those properties' participation percentages.  Every resolution requires a double majority: of votes (where the Bank has only one) and of participation percentages (where the Bank has the total sum of all its properties).  The same is true for all owners, one vote plus the sum of all the percentages of the properties he may own.

Thread: Proxy votes AGM

02 Aug 2019 11:55:

There is nothing specific or express about barbecues in the HPL.  There is a generic reference which prohibits activities that create a nuisance or are dangerous.

The statutes as well as the internal rules of the community where I live do prohibit barbecues in an express and very specific way.  However, every year the Administrators have to go around reminding owners and tenants about this and in the case of holiday tenants usually to no avail.  I do believe it is getting better with the letters and phone calls from the Administrators.  This summer so far, we have only had one instance.  It is really awful when they do things like sardines!!

Thread: Horizontal Property Law and Apartment Block Barbecues

02 Aug 2019 02:21:

Drones cannot and will not be used for speeding fines since, for the moment, their cameras  are unable to determine the speed at which the vehicle is driven.  Perhaps this will be solved in the future.  

Thread: Drones and traffic fines

31 Jul 2019 10:32:

Hi, Cecilia.  The Horizontal Property Law does not include an actual template of Minutes.  It does regulate what needs to be included in the Minutes in Article 19 as follows:

"1. The resolutions of the general assembly shall be recorded in a book of minutes stamped and validated by the Land Registrar in accordance with the applicable regulations.

2. The minutes of each meeting of the general assembly shall express, at least, the following circumstances:

a) the date and place of the meeting;
b) the person having summoned the meeting and, where appropriate, the unit owners who promoted it; c) whether it was ordinary or extraordinary and whether it was held on first or on second call;
d) the roster of those present and their respective offices, as well as unit owners represented (by proxy);
e) the agenda for the meeting;

f) the resolutions adopted, with indication, where relevant for the validity of the resolution, of the names of unit owners who voted in favour and against, as well as the assessment quotas corresponding to each unit owner.

Unit owners who expressed and recorded a dissenting vote at the meeting, those who were absent

3. The President and the Secretary shall sign the Minutes at the end of the session or within
following ten days. Once the minutes are signed, the resolutions shall be in force, unless otherwise provided by law."

There are a few templates available on the web sites of Administrators following the above legal requirements.  This is perhaps what your Administrator refers to as template of the Spanish Law.  What the law says is that the  items pointed out in Article 19 above are mandatory. It does not exclude other items from also appearing in the Minutes.  

However, many Administrators only include in the Minutes the items listed and there is a general tendency to not include long discussions by the owners basically because the Law only requires that actual resolutions be included and does not require the discussions to be included.  This makes drawing up the Minutes a lot easier and avoids not recording exactly what each participant said in often long discussioms and then having complaints as to a part or parts of the Minutes when there is no legal requirement for the itemto be included.

The President must co-sign the Minutes and if he is not in agreement with the contents of the Minutes he can, of course, ask the Secretary to make changes as deemed appropriate provided such changes do not eliminate any of the legally required inclusions.  

The Administrators will normally act as Secretary and because they are the ones that keep a record of unit owners and their contact details, they are the ones who have to send the Minutes to owners.  It is not normal for the Presidents to have all the contact details for all the owners as the Data Protection Laws prevents this information to be given without express permission of the unit owner.  Therefore it is often that the President communicates with the owners through the Administrators (for example by sending a letter addressed to the owners to the Administrators for them to send to all owers).

As to proposals for suppliers, it is normal for more than one proposal to be put to the owners for them at the General Meetings to select the one they prefer.  Any owner can request that a proposal be considered by the owners at the General Meetings.  When you ask what can a President do, the answer is call a General Meeting and put election of contractor or supplier in the Agenda and put those proposals to a vote of the owners.  The President is the one that calls the Meetings (not the Administrators) and the one that prepares the Agenda.  The Administrators can only circulate the calls of Meetings and the Agenda to owners.  They are not empowered to call Meetings, the President is.





This message was last edited by lobin on 31/07/2019.
Thread: Spanish Law/HPL


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