How can you dissolve a community which has never existed!

This topic contains 8 replies, has 6 voices, and was last updated by Profile photo of Annie Annie 1 month, 2 weeks ago.

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  • #202200
    Profile photo of Annie
    Annie
    Participant

    Can anyone advise me please? If on the escatura it states that a house is on a community but that community has never been set up and will never be set up, how can that be dissolved if one member is being awkward and won’t even discuss. There is nothing and never has been. No president, rules , meetings – nothing! The nightmare continues!

    Thanks again

    Annie

  • #203237
    Profile photo of freddo
    freddo
    Participant

    The builder or developer should have set up the community have you checked

  • #203398
    Profile photo of Barrel
    Barrel
    Participant

    Not sure what you mean by ‘can never be set up’?  If you wish to set up a Community of Owners, go to a reputable Administracion de Fincas who should advise how to go about this – they have a lawyer attached.  This happened to our urbanisation a couple of years ago as the builder pulled out before the handover took place.  The administator managed to get hold of the email addresses of the owners and scheduled a meeting, legally setting up the Community.  In a Community, one person will never be able to hold all the others to ransom.   If it’s any consolation, Communities of Owners can also be nightmarish as there is always at least one troublemaker.  Hope I’m not missing the point.

  • #203737
    Profile photo of Annie
    Annie
    Participant

    Thank you for your replies. When I say can never be set up I mean that none of the 3 interested parties would ever want a community set up. It would need all 3 to agree. We are private houses. The interpretation is in the escritura in that it mentions community but also states that each property is private and that there is no shared land. Nothing has been put in place – no community no meetings no president no fees – Nothing. 2 of us wish for this word community to be taken out of the escratura but the third a local old man with a big attitude is refusing as doesn’t see the need. Buyers have been put off by the word community as their lawyer refuses to budge on how he interprets. It seems he doesn’t want to be seen to be wrong. My question was how we might get round this. How we can dissolve something which isn’t and never has been. We have a lawyer active in horizontal law but it seems others lawyers do not accept or want to accept what he says.

  • #203917
    Profile photo of rojoybago
    rojoybago
    Participant

    The community exists even if it’s never been formalised and can’t be dissolved…. …. you can get all the answers from the “escritura de division horizontal” from the land registry – take a copy of your own escritura and they’ll charge you approx €20 and you can pick up a copy in a few days ….

    don’t worry about the community that doesn’t exist? it’s very common in Spain

  • #203927
    Profile photo of kevallbright
    kevallbright
    Participant

    We are part of a community of owners and there are 15 – 20 people (mostly consisting of original owners) who appear to all agree to run it as they see fit regardless of the opinion rest of the community. My main question is in 1976 the urbanizacion was adopted by the town hall so what purpose does a community of owners serve under these circumstances? We found out the urbanizacion was adopted in 1976 about 6 years ago. The community of owners was effectively owed €140,000.00 from the Ayuntamiento for all the work the community had paid for when in fact the Ayuntamiento were responsible for all this work. We have written this off but what proceedure would we use to attempt to dissolve the community of owners whose administration charges represent 85% of the community charge?

     

  • #204276
    Profile photo of Yolanda P.
    Yolanda P.
    Participant

    Everything about law is subject to discussion and different interpretations, so I’m not surprised that other lawyers don’t want to accept your lawyer’s point of view. Points of view depends on the client. What you see acceptable being seller’s lawyer may not be acceptable being buyer’s lawyer.

    This is why when somebody asks for my opinion about an issue, I always ask who I’m defending to.

     

    In this case, I’m sorry but I don’t quite understand the issue.

    If the Escritura says that the house belongs to a Community, it has to be because the 3 houses have something in common (be a community of owners).

    I think that It is needed to do some research in the past, when the houses were built. Try to find out why the developer and the notary added that information.

    If the 3 houses really don’t have anything in common, then I don’t think that you should try to dissolve the community. There has never been a community!

    May be the solution is to think of it as an error and try to amend the error in the Escritura.

     

    If there is something in common, then the community cannot be dissolved while there is a co-ownership. But you don’t need the three of you to make it work. Communities work based on majorities, not on unanimities.

    In any case, if for whatever reason you need the vote of the three of you, you can try to look for a way to take the case to court and make a judge to take the decision on behalf of that owner that is stopping you from doing things by the Horizontal Property Land.

     

    In any case, it is impossible to give proper advice without studying all the documents, so I’m not criticizing your lawyer’s opinion, just trying to give you a different point of view.

    • This reply was modified 1 month, 3 weeks ago by Profile photo of Yolanda P. Yolanda P..
  • #205037
    Profile photo of Annie
    Annie
    Participant

    Many thanks for your response. Yolanda you have made this seem simple. Thank you. I need to now find someone who is experienced in Horizontal property land I think. This really is a nightmare!

     

  • #205084
    Profile photo of Annie
    Annie
    Participant

    Good morning, Following on from Yolanda’s reply to me. Does anyone know of a lawyer specialising in Horizontal property in Mallorca please? I’m not sure a lawyer dealing with just purchase and sales is enough? Any help appreciated. Thank you

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