Join Talk Quesada
Welcome to Talk Quesada! My name's Alex and this is my website all about Ciudad Quesada in Spain. Talk Quesada is free to sign up and use so register below!
Community of Owners Problems
Community of Owners Problems
by Clara » Mon Feb 19, 2024 10:53 am
Hi to everybody who lives in a communal building and is subject to Community Regulations.
Our community president has just informed me that a rule exists that was decided before I purchased the property in 2019. This rule was not entered onto the Community Regulations that I requested during the purchase process and has not been recorded anywhere since my purchase completed. The president insists that I abide by this rule that was not made available to me and of which there is no record. I have refused on the grounds that I am only bound by the Horizontal Property Act and the published Community Regulations. She says I am wrong. How do I stand?
TIA
Our community president has just informed me that a rule exists that was decided before I purchased the property in 2019. This rule was not entered onto the Community Regulations that I requested during the purchase process and has not been recorded anywhere since my purchase completed. The president insists that I abide by this rule that was not made available to me and of which there is no record. I have refused on the grounds that I am only bound by the Horizontal Property Act and the published Community Regulations. She says I am wrong. How do I stand?
TIA
-
Clara - Posts: 40
- Joined: Tue May 21, 2019 5:00 pm
- Which part of Spain are you from?: Formentera del Segur
- Gender: Female
Re: Community of Owners Problems
by Graham_Lynn » Mon Feb 19, 2024 11:39 am
There must be a written record of it somewhere? Presumably the change of regulations was discussed and therefore minuted at an AGM.
Any changes we’ve had to our statutes have been recorded initially as an annexe, before being incorporated into the main regulations. Date of change (ie. AGM 2016) is recorded in brackets.
Any changes we’ve had to our statutes have been recorded initially as an annexe, before being incorporated into the main regulations. Date of change (ie. AGM 2016) is recorded in brackets.
- Graham_Lynn
- Posts: 1550
- Joined: Fri Jul 07, 2017 7:55 pm
- Which part of Spain are you from?: El Raso
- Gender: Female
Re: Community of Owners Problems
by Bee » Mon Feb 19, 2024 12:06 pm
Ask the Administrator of your Community for a copy of the Minutes where the change was agreed. Is the rule so onerous that you feel you cannot abide by it. Obviously if it was voted in by the majority of owners they must feel it adds to the enjoyment of the Community for all. Remember Covid set everything on the back burner.
Bee
Bee
- Bee
- Posts: 3343
- Joined: Sun Dec 10, 2017 1:07 am
- Which part of Spain are you from?: Torrevieja
- Gender: Female
Re: Community of Owners Problems
by Clara » Tue Feb 20, 2024 7:16 am
The point is, when you purchase a property in a community you check the rules and decide at that point whether the rules are too onerous to abide by and make your purchase decision accordingly.
If you are not given the information then you should not be expected to be subject to them after the fact. There is still, at least 5 years later, no mention of this rule in the regulations or any minutes from 2019 onwards.
This is NOT a situation where I have not bothered to check the snallprint and am now moaning that I wasn't told.
If you are not given the information then you should not be expected to be subject to them after the fact. There is still, at least 5 years later, no mention of this rule in the regulations or any minutes from 2019 onwards.
This is NOT a situation where I have not bothered to check the snallprint and am now moaning that I wasn't told.
-
Clara - Posts: 40
- Joined: Tue May 21, 2019 5:00 pm
- Which part of Spain are you from?: Formentera del Segur
- Gender: Female
Re: Community of Owners Problems
by Kevdurham » Tue Feb 20, 2024 8:27 am
Unfortunately you are not alone, something happens to certain individuals when they are elevated to presidents.
As for “the majority voted “ this power is often abused especially with the mis use of proxy voting at AGM’s.
The administrator should have the information you need but expect resistance as they often side with the president .
Good luck
As for “the majority voted “ this power is often abused especially with the mis use of proxy voting at AGM’s.
The administrator should have the information you need but expect resistance as they often side with the president .
Good luck
- Kevdurham
- Posts: 36
- Joined: Fri Dec 04, 2020 2:22 pm
- Which part of Spain are you from?: dona pepa
- Gender: Male
Re: Community of Owners Problems
by Bee » Tue Feb 20, 2024 10:24 am
I would suggest you put down a motion for the next AGM requesting the information you need i.e when the rule was on the Community AGM Agenda, where it is recorded in the Minutes for that year and that the Minutes were signed off by the President and Administrator as a true and accurate account of said meeting and when and where it is recorded/enacted in the Community Regulations. I presume it is the same Administrator so there should be no problem with records.
Bee
Bee
- Bee
- Posts: 3343
- Joined: Sun Dec 10, 2017 1:07 am
- Which part of Spain are you from?: Torrevieja
- Gender: Female
Re: Community of Owners Problems
by Philipb1407 » Tue Feb 20, 2024 2:40 pm
Clara wrote:The point is, when you purchase a property in a community you check the rules and decide at that point whether the rules are too onerous to abide by and make your purchase decision accordingly.
If you are not given the information then you should not be expected to be subject to them after the fact. There is still, at least 5 years later, no mention of this rule in the regulations or any minutes from 2019 onwards.
This is NOT a situation where I have not bothered to check the snallprint and am now moaning that I wasn't told.
It would be nice to know what the missing rule is! That is stopping you from enjoying your property..
If it stops the enjoyment of your property, put it up for sale, in Quesada properties are selling well so you might get your money back and you can buy else where. I have an independent villa so have no community rules to abide by, I’ve had lots of requests to sell but no way.
If you fought them and it looked like you might win, they can easily have a AGM and remove the rule. Then your case is lost. Three months later they can have another AGM and instate the rule, put it in writing and you lose anyway. If the majority want this rule, then there’s nothing you can do about it
The only action you have is to put your property on the market, claim the rule makes owning this property impossible to own and sue for any loss you encounter as a consequence of having to sell, but you need evidence that 1, when you bought this rule was not notified and 2 this rule spoiled your enjoyment, finally 3 you have to ensure that you can prove loss.
In order to bring a claim for compensation you will need a good lawyer.
- Philipb1407
- Posts: 444
- Images: 0
- Joined: Sat Jun 04, 2016 9:08 am
Re: Community of Owners Problems
by Joyce » Wed Feb 21, 2024 11:25 am
And even if you get a good lawyer the law moves so slow in Spain it may be easier to sell. Can you tell us what you problem is because someone on here can give you more help
-
Joyce - Posts: 524
- Joined: Tue Sep 15, 2015 1:03 pm
- Which part of Spain are you from?: Dona Pepa
- Gender: Female
8 posts
• Page 1 of 1
Related topics
-
- Similar Topics
- Replies
- Views
- Last post
-
-
Problems with TV Air Box
by harleyclose » Sun Nov 12, 2023 2:53 pm in Broadband, Computer, Wifi, Phone and TV - 4
- 410
-
by LeeG
Mon Nov 13, 2023 1:35 pm
-
Problems with TV Air Box
-
-
BBC TV problems
by shemarg » Tue Sep 05, 2023 10:46 am in Quesada general discussion - 8
- 522
-
by Red Rock
Fri Sep 08, 2023 5:38 pm
-
BBC TV problems
-
-
Help...navigating forum problems.
by hobnob » Sun Mar 03, 2024 1:06 pm in Quesada general discussion - 3
- 233
-
by Darro
Sun Mar 03, 2024 4:46 pm
-
Help...navigating forum problems.
-
-
Problems booking ITV Online...
1, 2 by Upstream » Thu Apr 18, 2024 12:06 pm in Quesada general discussion - 13
- 688
-
by Darro
Mon Apr 22, 2024 10:34 am
-
Problems booking ITV Online...
-
-
Humax decoder problems - again
by Les,webb » Sun Apr 07, 2024 2:16 pm in Quesada general discussion - 5
- 215
-
by jpeg
Thu Apr 11, 2024 1:55 pm
-
Humax decoder problems - again
Return to Quesada general discussion
Who is online
Users browsing this forum: bakes4112, Bing [Bot], elchedave, shirlie anne, The Rower and 144 guests
Login
Find in Quesada
Quesada pages
Quesada discussion
- Quesada general discussion
- Banking and finances
- Broadband, Wifi, Phone and TV
- Buses and public transport in and around Quesada
- Driving to Spain / Car hire in Spain / Buying and owning a car in Spain
- Fiestas in Quesada
- Flights, baggage and airports
- Health services in Quesada
- Insurances and wills in Spain
- Items for sale and wanted in and around Quesada
- Interesting articles about Spain
- Jobs and careers in Quesada
- Lost and found in Quesada
- Market days
- Places to go for free Wi-Fi
- Recommended restaurants / cafes / bars
- Recommended Tradesmen and Companies
- Residency in Spain: padron, residencia and passport advice
- Safety / security information and property in Spain hints and tips
- Taxes in Spain: Suma, NIE and general tax advice
- Taxis in Quesada
- Things to do and places to go in and around Quesada
- Utilities in Spain: Electric, gas and water recommendations and advice
- Weather in Quesada
- Where to buy things in and around Quesada
- Where to hire things in and around Quesada
Properties discussion
Businesses and places in Quesada
- Bars and pubs in Quesada
- Beaches near Quesada
- Beauticians / Beauty salons in Quesada
- Bedding and soft furnishings shops in Quesada
- Butchers in Quesada
- Car dealers in Quesada: new and used car dealers
- Car garages, mechanics, tyre fitter centres in Quesada
- Car hire in Quesada
- DIY / Bricolage / Ferreteria stores in Quesada
- Equipment hire centers in Quesada
- Estate agents in Quesada
- Furniture shops in Quesada
- Garden centres and garden furniture shops in Quesada
- Golf Courses in Quesada
- Grills / gates / metal items shops in Quesada
- Hairdressers in Quesada
- Hotels, guest houses and bed and breakfasts in Quesada and nearby
- Internet service providers that cover Quesada
- Launderettes / dry cleaners in Quesada
- Markets in Quesada
- Medical / Health centers in Quesada
- Pet shops in Quesada
- Pharmacies / Chemist shops in Quesada
- Restaurants in Quesada
- Shopping centres in Quesada
- Sports centres and gyms in Quesada
- Supermarkets in Quesada
- Swimming pool services in Quesada
- Town Halls (Ayuntamientos) in Quesada
- Waterparks/Aquaparks in Quesada
- TalkQuesada » Board index
- The team • Delete all board cookies • All times are UTC [ DST ]
- Our other websites:
- Costa Blanca forum
- Costa Calida forum
- Costa del Sol forum
- Costa de Almeria forum
- Costa de la Luz forum
- Costa Dorada forum
- Costa Brava forum
- UK forum
- Jobs in the UK
- Our policies:
- Privacy policy
- User agreement
- Content policy
- Website created and operated by JSM Forum Websites