20 Jun 2023 4:52 PM:

You should go the real estate property registry. (Registro de la Propiedad). And there you can check who the owner is. It does entail registry fees but not too high. 

Thread: inter active cadastral map of spain

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27 Nov 2022 1:06 PM:

The HPA has always requireda minimum of 6 days advance notice for AGM's and no advance notice for EGM's, so 7 days for an AGM is fine.  This has been so since the Law was first enacted so this requirement has not been changed recently.

It is good advice to have a system to activate proxy votes well in advance of AGM's or EGM's.  However, the proxies cannot be signed off in advance of the call of such meetings because the text of the proxy needs to mention the type of meeting and the date it will be held.  If a proxy is signed and sent before the date of a meeting is known, it will not meet the requirement that it be specific for each meeting as required by law.  In my community we have such a system in place and it is possible to get proxies signed and send by absent owners within 6 days of the date of the meeting but you need to be organized.  We use a WhatsApp group for the organization.

Edit: Sorry I forgot to add that challenging a Owners Meeting resolution in Court for something like this is not very effective and probably not worth the costs involved.  The Court decision, even if favourable to the challenge, will most certainly come long after it might be of any value to the plaintiff.

Much better is organizing a new EGM at the request of at least 25% of owners and coefficients to review and reconsider the earlier resolution if there is a possibility of a favourable outcome.

 

 

This message was last edited by lobin on 11/27/2022.
Thread: Court action against decision at AGM

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25 Jul 2022 6:36 PM:

Your believe that the winning party in any Spanish court case would always have the costs paid by the losing party is incorrect.  The Court decision can  mandate that the losing party pay the costs of the winning party but then again it may not do so.  You must check the Court decision to see whether the losing party was condemned to pay your legal costs.

If this was the case, your lawyer must submit their invoice to the Court who will collect the fees from the losing party.

Otherwise, each party gets to pay their own costs.  If you are in this situation your lawyer has to itemize for you the other costs in addition to the pure "legal fees".  These could include the costs of the procurador, the fees of experts appointed by you in the case, the Court fees.  Your lawyer should itemize them for you so that you are aware of exactly what costs are being deducted from your winnings.

Thread: Court case costs

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31 Dec 2021 10:47 AM:

A proxyholder is supposed to vote the way the proxygiver instructs him.  However, if there are no specific instructions, then the proxyholder can vote in the way he freely decides.    Accordingly, it could happen that the same proxyholder votes in one way in representation of a proxygiver that has instructed him how the vote should be given and in another way for a proxygiver that has not issued specific instructions.  Both votes would be vakid,

Thread: Proposal for Community to supply phone, TV and internet.

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31 Dec 2021 9:33 AM:

Antonio1, Section 17, paragraph 1 of the Horizontal Property Law states the following:

"The establishment or elimination of the lift, janitor and security services, or other common services or facilities of general interest, even where they involve the modification of the master deed or the community statutes shall require the favourable vote of three fifths of the total number of unit owners representing three fifths of the assessment quotas."

This is the qualified majority of votes required to pass the resolution you are referring to.

Thread: Proposal for Community to supply phone, TV and internet.

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