How can you dissolve a community which has never existed!

This topic contains 5 replies, has 5 voices, and was last updated by Profile photo of kevallbright kevallbright 6 hours, 37 minutes ago.

  • Author
    Posts
  • #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?

     

You must be logged in to reply to this topic.