April 12, 2007 at 4:13 pm #52793
We have bought on a new development in Granada province. It is now about 90% sold, and we have some of the usual problems that need sorting out.
The developer has put a clause in the small print of the Community bylaws that they can retain the Presidency of the residents associaton so long as they retain ANY unsold property- even 1 flat!
At a recent community meeting they invoked this clause, turning down moves to have an elected ‘resident for president’ , in order that they could retain the Presidency.
Does anyone else have any experience of this? Is it legal? How can we challenge it?
We are suspicious of their motives for wanting to retain the Presidency, and want one of us to be President.
April 12, 2007 at 4:16 pm #70792
Please check out
Its very extensive and I am sure this will cover the situation.
April 13, 2007 at 1:14 pm #70819
The particular reference relating to your problem of thelink that Shakeel gave is
“But some readers may ask: Can a promoter exercise his privilege of establishing statutes and cuotas, or even changing them, after the sale has started?
He cannot! This has been confirmed in several court decisions. If the promoter has made private sales contracts before making the statutes, he must permit the private buyers to take part in the making of the statutes. And once a set of statutes has been submitted to the buyers, the promoter cannot change them without consulting the buyers. If a set of statutes and/or shares has been included in a document registered in the property register, it is impossible to change it without the unanimity described in article 17.1 of the Law on Horizontal Property.
However, if the promoter has reserved for himself the right to establish the statutes at a later stage in the title deed (escritura de compra-venta) to the individual buyers, it seems clear that he has the right to do so. But this does not give him the right to change them later. If this power of the promoter is only mentioned in the private purchasing contract and not in any escritura, you may consult a lawyer to see if this power can be challenged. But first ask yourself the question: is it in the best interest of the private owners to come into a situation where a great number of persons must take a unanimous decision?”
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