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Help with the Horizontal Property Law in Spain

Discussion in 'Your Place In The Sun' started by Walkers, Jan 24, 2011.

  1. Walkers

    Walkers New Member

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    Hi Ladies and Gents, I have a few questions regarding the Horizontal Property Law.

    I am a 'new' president of our community and we have our AGM meeting coming up next month where 2 major things need to be organized before going ahead and so I'm seeking clarification.

    Firstly we are having problems with our administrator who when he is rarely available he never seems to care or actions anything that needs doing. It has now got to the stage that we are going to vote to replace him.

    Also, A couple of the owners have asked if we have a constitution and if we do how can it be obtained and can it be changed? I must admit I have been well and truly lumbered with my position as nobody else was willing to take on the position so this is a very steep learning curve for me as I'm determined to turn things around from the mess we are currently in.

    One last thing I would like to start a quarterly statement of accounts for everyone but some of our non-resident property owners have said that a private forum or email group would also be beneficial so everyone with internet can have their say. Has anyone done this before? How easy was it to set up for a complete novice?

    I'm sure I'll have lots most questions but thanks to anyone willing to take the time to help me out.
  2. Darren

    Darren Supportive Member

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    Hi and welcome to the site.

    I've done a very quick bit of research and found a PDF outlining the Horizontal Property Act/Law and what's even better it's in English - Please find attachment to this post.

    I've glossed over the document and web searched and it seems that the constitution should be in the deeds to peoples properties and to go about changing it you would need 100% votes from every home owner which is near impossible so the constitutions rarely change.

    To have a change in Administrator looks like it needs the normal 51% of the vote at the AGM meeting to make change this being the total people who turned up to the meeting and proxy votes, not the total of people who own properties.

    I think it's a good idea to have a quarterly newsletter as then people can not say they have have not been informed or out of the loop with what's going on.

    As for a mailing list or private forum, well a mailing list can be notoriously difficult to run what with spam filters and to set a forum up from scratch will be difficult for a novice.

    If it has to be private you can always set up a group (community menu -> groups) on here and only give access to people who you want to have access to by setting it to private. You should be able to do this on any forum that runs "vBulletin" unless they've turned it off.

    Attached Files:

    Last edited: Jan 24, 2011
    djembe likes this.
  3. djembe

    djembe Supportive Member

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    When you say constitution do you mean Statutes ?

    Most communities have a wide set of rules which governs the property owners rights and standards of behaviour expected from the persons who reside on the complex. The Statutes of the community may only be modified by unanimity vote of the community owners, both present in person and by proxy. If Statutes need changing, this pertains to the annual general meeting.

    The Statutes must set out the private share which corresponds to each owner.

    If any member of the community violates the statutes, the community members can vote to ask the court to issue an injunction, which will forbid him from entering his property for a period of up to 2 years.

    Besides the Statutes, the owners may establish internal rules, providing standards of behaviour for the community members and use of the common services. The owners are also obliged to comply with these rules, which may be modified by their simple majority vote.


    Most accounts are yearly and done by the administrator prior to the AGM.
    What reason do you need them done quarterly for ?
    Darren likes this.
  4. Walkers

    Walkers New Member

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    Thanks for the download and help guys.

    As for the quarterly statement of accounts that was a typo of sorts, I was just thinking a quarterly newsletter on what is going on, if anything needed doing, has it been done etc etc

    That way it will shut up the couple of 'nuisance' members we have who seem to have nothing better to do than pick and cause trouble or issues with anything they possibly can!
  5. djembe

    djembe Supportive Member

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    You will always get that in any committee, just tell them to make a list and propose the changes in person, if any, at the next AGM. :D
  6. bil

    bil Supportive Member

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    These people are the pits. When I was on one particular body, it wasn't the people that did nothing that were the problem. It was always the bastards who caused problems that got to me.

    There is a way of dealing with this. If you can, as soon as someone causes a problem, agree with them and give them the job.

    Always, if someone is trying to get you to do something you don't want to, smile sweetly, say 'of course' and then add 'as soon as you do X, Y, or Z'. Of course they won't, but then that gives you the freedom to ignore their request. Should they do it, just give them something else as soon as they return until they get the hint.
  7. tranceplay

    tranceplay New Member

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    Does anyone know about the law regarding people who have paid their community fees into court as they've challenged the current amount to be paid
    as it's different to the original paperwork? Are they allowed to vote at the AGM?
  8. Pablo de Ronda

    Pablo de Ronda Supportive Member

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    I'm due to be president of our community next year, on the basis that it's "Buggins' Turn". After 10 years of ownership I guess it's time I did it! The other owners are all Spanish, middle class professionals. Should be fun.

    I have to say our community is pretty good. The administrator is a bit of a señorito and does the minimum he's contracted to do, but the other owners are pretty active and get quotes for work, etc. We don't always agree on everything, but at least we discuss it rationally and find a compromise.

    As for a "constitution" or "statutes", I've never seen anything like that - there's nothing in my escritura, other than the quota I have to pay based on the size of my property.
  9. rotchie

    rotchie New Member

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    New to the forum, but need assistance.
    We live in a residential community in Tenerife, unfortunately there is a particular Russian owner who formally approaching the home owners of adjacent properties to sell their apartments to him, when his offer is declined he installs problematic long-term tenants into his apartments in an endeavour to force the sale at knock-down prices. Is there a section of the Law of Horizontal Properties that could offer a solution. The President maintains it is a problem for the Police, who in-turn say it is a community issue for resolution by the President.
  10. djembe

    djembe Supportive Member

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    Find out if he has a licence to rent out the properties and if he is declaring the rents. ;-)
  11. snikpoh

    snikpoh Inactive Account

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    I don't believe one needs a licence to rent out properties (it's voluntary), but all contracts should be registered (I'm told) and, of course, all income should be declared.


    We tried to 'lodge/register' our tenants' contracts, but no one was interested - it's just not the done thing it seems.
  12. djembe

    djembe Supportive Member

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    Enlighten yerself here Letting out a property in Spain

    I know you need a licence around here and def you need a special one for long term.
    If your rental contract is not registered you will struggle in court in disputes.
    Last edited: Oct 29, 2012
  13. snikpoh

    snikpoh Inactive Account

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    As the article says, for long-term lets you don't need a licence.

    It also states that for holiday lets, each region is different - in this area you do not need a licence.


    I would certainly rather take advice from the Spanish officials (on the ground) rather than any one else even if it is the British Embassy.

    Thanks for the link.
  14. rotchie

    rotchie New Member

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    Horizontal Property Law

    Many thanks to you all for your contributions.
    One of the major concerns all of those affected have is, when a tenant has been in situ for more than one year, it is extremely difficult to get them removed; consequently the longer it takes to secure corrective actions, there is an exponential curve of difficulty to overcome.:angry::angry:
  15. djembe

    djembe Supportive Member

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    Like you say, different areas different rules, a guy built a block of apartments opposite us to sell, obviously he couldn`t so decided to rent them out.
    All the neighbours complained about the noise from the first week of holiday lets, police came round and checked his licence to rent but he did not have any.
    He had to cancel all the holiday lets and now he has about 1/3 full long term lets.
    Only certain areas are designated holiday let areas here, hence why you need to appl for a licence.
    As for taking advice from Spanish officials, you know that they don`t know themselves and if they do it takes them 5 years to understand the changes, by then things have changed twenty times again. lol
  16. rene

    rene New Member

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    Yes there is a section in the law that deals with these kind of problems. This is article 7.2 of the horizontal property law. You can find the English translation on the notice board of our website: hestria.es

    This is as far as I know the only correct version on the internet that is updated with the latest modifications of 2009 and 2011.

    I would advise you to arrange through the president that the owner of the property receives a burofax to stop this behavior. What is also important is that the police get involved as you need to build up a file with evidence to present in court. Next to that you need witnesses, like your administrator, president or other owners that had or still have the same problems.
  17. Matthew987

    Matthew987 New Member

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    Does anyone where I can find a spanish lawyer in regards to this law?
  18. rene

    rene New Member

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    That depends on where you are living.
  19. rotchie

    rotchie New Member

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    Horizontal Property Law

    5 separate property owners are/have been affected by the disgraceful behaviour of the various tenants of the two properties in question which are owned by the same individual in Russia. We have prepared a lengthy letter in both Spanish and English clearly detailing the incidents over many years to send to the Russian Legal Representative of the owner where the problems emanate from.
    We have video evidence, and one previous itinerant tenant has already been denounced through the court. Unfortunately the Russians are a law unto themselves and have a total disregard for those affected by their appalling behaviour.
    We will if necessary denounce the owner and the legal representative.

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