Legality of Community of Owners

This topic contains 4 replies, has 4 voices, and was last updated by  Anonymous 12 years, 9 months ago.

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  • #52392


    We are members of a new Community of Owners with Administrators set up by the developer for the first 12 months. We are paying community charges each month of 50 euros for the maintenance of gardens (which we paid for) and a pool. There are 18 townhouses in the community

    We elected a President at our original AGM. He has recently resigned through ill health. There has been no meeting to elect his successor in spite of repeated requests to the Administrators for a meeting. We remain without a President. We know that there is a libro de actas (minute book)
    available – but no other documents have been placed before the owners of houses in the community.

    We have been trying to get copies of any Statutes and confirmation that the Community is properly registered. The Community has now existed for almost 12 months and the Administrators have been in post for around 10 months. The Administrators told us today that the Community is not properly registered yet. There are no Statutes in available. They are waiting for the paperwork! We are assuming in this case – at this point in time – that the Community is not a legal entity.

    We know that we should continue by law to pay our community charges – even though the community is not “legal” yet. Is there anything we can do to hurry up the process of electing a new President and getting the Community and its Statutes properly registered? Should we be suspicious of the Administrators?

    Any advice/information legal or layman will be greatly appreciated. (Can provide more info. by PM if it will help inform a reply.)

  • #67054


    Sorry, can’t help other than to refer you to the “You and the Law in Spain” book (if you don’t already have a copy!) which has a chapter on urbanisations, communities etc. Good luck!

  • #67060


    Lots of info. here … &Itemid=31

  • #67061


    Hillybilly – Thanks for your help. Have the book “You and the Law in Spain”.

    Dorothy – this article looks very useful – thanks.

  • #67079


    Hi OliverB

    First of all this is only my view and you will need to check with a lawyer.

    In our community (properly registered) WE employ our administrator. I believe that an administrator has no power within a community of owners(unless stated in the Statutes) as the president holds all of the power (our administrator hold NO power). I therefore do not believe that you need the administrators approval to have a EGM to vote in a new president. I have no real clue how you would legally set up a community of owners and register the statutes but as it’s the norm in Spain I would guess it’s easy, and maybe something you get ‘off the shelve’.

    One way round your current problem would have been to vote for a vice president and maybe a couple of ‘Vocals’ that way if the president is indisposed for what ever reason you have a back up.

    By the way without a president who is signing the cheques, as i would have thought the president must sign them all (she does at ours)



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