Horizontal Property Act - Part 6

Published on 16/04/2007 in Your Spanish Home

Click here for part 1 in the series of these articles.

Click here for part 2 in the series of these articles.

Click here for part 3 in the series of these articles.

Click here for part 4 in the series of these articles.

Click here for part 5 in the series of these articles.


CAN THE AGREEMENTS OF THE GENERAL MEETING BE OPPOSED?

Agreements of the General Meeting can be judicially opposed in the following cases:

  • When they are against Law or Statutes of the Community of owners.
  • When they seriously damage the interests of the Community or those of one or some of the owners.
  • When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.
Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.           

The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..

The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year

It could be convenient to ask a lawyer about the convenient legal action . 

The Minutes of General Meeting of Owners

The agreements of the general Meeting of owners must be written on an official Book of Minutes, this book is approved by the  Land Registry where the building is registered.

The minutes of each meeting must contain:

  • The date and place of  the meeting location.
  • The promoters of the location
  • Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
  • A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
  • The Agenda.
  • The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.

The minutes must be finished with the signatures of the President and the Secretary that same day or within the following ten natural days.

The minutes of  the meetings must be sent to all the owners at the addresss designed by them,  if  address is unknown, they will be sent to the apartment which belongs to the Community or in the notice-board.  

Any errors in the minutes can be corrected if expresses unmistakably the date and location, the present owners, in person or by representation, and the agreements met, with the indication of the votes in favour or against.

The correction must be made before the following General meeting of the owners, that must ratify the corrected version.

The Secretary must keep the books of  minutes of the Meeting of owners. Likewise he must keep, during a period of time of 5 years, the calls, communications, powers of representations and the rest of the important documents of the meetings.

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es




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Comments:

laup said:
28 November 2007 @ 18:07

I bought my flat 4 years ago. There was no "community" as the developer had run it since building 7 years before. They still own 75% of the flats.
In the past 4 years no meetings/paperwork received regarding community. I have a letter from the developer saying there were no outstanding charges at the time of my purchase.
This year a formal community was formed, but they want us to pay for the past years ( 4 in my case) a share in what they claim to have spent.
I don't mind contributing to service costs like electric, but they want about 2000 E from me for their painting the block 2 years ago. I was never consulted about this - where do I stand now?
Any help and advice appreciated!


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