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26 Feb 2010 09:07:

 

One is liable for community fees until the ownership of his or her property is transferred. The administrator should divide fees pro-rata between the former and the new owner on the basis    of the date of sale, regardless of which method of payment had been established, quarterly, monthly or whatever .
 
 
Be careful, as   section 9 (e) of the HPA  stipulates that any person acquiring a house or premises with commonhold land, even when the title is entered in the Land Registry, shall be liable, with the acquired property as guarantee of any outstanding amounts payable owed by previous owners. This liability includes general expenses up to the limit of the fees assessed for the period to date of the year when the transfer of ownership took place and for the immediately precedent year. The flat or premises shall be legally encumbered for the fulfilment of this obligation.
 


Thread: Liability for Community Fees

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15 Feb 2010 20:07:

If after checking the governing documents of your development and what it is provided there for the owners' contribution to the general expenses of the community you think it is unfair, you and every owner affected may challenge the title at court within four years since the title was registered with the Land Registry.

 

 



Thread: Definition of Community Costs

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15 Feb 2010 17:48:

 

Although it is not usual to appoint a president in that way if it was voted so, it is compulsory to hold the office being possible to apply in court for resignation within a month, bearing in mind that the office shall be held by the applicant until the court decides.
So if the Committee refused the resignation it will be the court who decides, within 20 days, through a specific proceedings called ‘of equity’ which is not strictly a kind of procedure but the particular criteria used by the judge to resolve, allowing him in certain cases to do what he thinks is fair. In that case the judge shall appoint a new president who will hold the office until a new one is appointed by the usual procedure established in the Act. In any case the court directs the community to hold an extraordinary meeting.
 
Among others, court cases related with presidents' resignation were dealt by Court of Appeal Asturias 23th March 1998 and CA Barcelona 11th Oct 2004


Thread: Duty of Officers

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15 Feb 2010 17:11:

As far as I understood your community is regulated by section 24 of the HPA which tries to cover a legal loophole for those macro-developments in which there are sub-communities integrated in a master community.

One may wish to create a master community in the following situation. Assume there are four blocks of flats around a garden. Each block of flats has its own unique maintenance and covenant issues, but all blocks want to share the common garden. Each block could be a separate community with maintenance obligations, voting and other rights pertaining just to that block. Only those in the affected block would get to vote on issues relating to that block. Each sub-community has its own service fees, its Owners’ Committee, its president and its own common elements  but it is also belongs to a master community with general common elements.

Each sub-community has to contribute to the expense of the master community in accordance with the allocation established for this purpose in the title, thus, there are two types of allocations some in respect of each property to its sub-communities; and others of each sub community in respect of the master community.

As I said before, everything in relation of the contribution  system is established in the title aka master deed or 'declaracion de obra nueva y propiedad horizontal' of your development, bearing in mind that the amendment of its provisions requires unanimity

It is important to get a copy fully translated of the master community title of your development as well as the sub community' title of each sub community in order to find out whether the administrator is distributing the costs accordingly.

 



Thread: Definition of Community Costs

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01 Feb 2010 16:27:

 

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
 


Thread: Hard to understand.

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