Community of Owners Problems

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

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.

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

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.

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

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

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.

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