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Phil55

Posts: 21

Location: Lo Pagan

Joined: 28 Nov 2023

We live in an apartment block that consists of 12 apartments.

Six are accessed off the main road and the first floor six are accessed via an individual secure key system.

The main entrance to the first floor is not only an exit / entrance but our only emergency escape route.

At the latest AGM the President who has an apartment on the first floor proposed that the inside section of the door should have a locking device that secures the door from intruders.

He has not been present at his second home for twelve months yet wants security to his property at the expense of safety to the residents who are permanently living in this complex. 

The locking of the door manually isolates all intercom system linked to apartments in an emergency and access can only be made by someone attending yhe outer door, which in an Emergency situation may not be possible.

Is his decision to manually lock the door from the inside on a vote at the AGM legally binding if you disagree with the outcome and refuse to lock yourself in.

My own feelings are that if individuals feel threatened by the fact that their premises can be accessed by undesirable people due to their lack of use they should ensure their own security system and not expect residents to suffer on their behalf.

We would be interested in our legal position yo agree with the AGM vote.

Dax

Posted: Mon Nov 18, 2024 11:00pm

Dax

Helpful member

Posts: 333

269 helpful points

Location: San Cayetano

Joined: 17 Feb 2019

Posted: Mon Nov 18, 2024 11:00pm

I'm not clear, have you had  a vote at the AGM? If the majority vote against him then it cannot be done. Just go straight to your administrators with your concerns, highlighting health and safety and fire risk concerns. A community president cannot and should not make decisions that affect the whole community without a vote.

Also, you can get doors that are secure from the outside and have an emergency release on the inside. 

Phil55

Posted: Mon Nov 18, 2024 11:17pm

Phil55

Original Poster

Posts: 21

Location: Lo Pagan

Joined: 28 Nov 2023

Posted: Mon Nov 18, 2024 11:17pm

Dax wrote on Mon Nov 18, 2024 11:00pm:

I'm not clear, have you had  a vote at the AGM? If the majority vote against him then it cannot be done. Just go straight to your administrators with your concerns, highlighting health and safety and fire risk concerns. A community president cannot and should not make decisions that affect t...

...he whole community without a vote.

Also, you can get doors that are secure from the outside and have an emergency release on the inside. 

Thank you for your response, we were not present at the AGM. There is no evidence in the minutes of the vote.

We are aware that of the six premises affected by the decision only the President was present.

The President is not resident and in our opinion is only interested In the safety of his property which he has not visited for 12 months, and not the lives of those in danger.

Dax

Posted: Tue Nov 19, 2024 11:06am

Dax

Helpful member

Posts: 333

269 helpful points

Location: San Cayetano

Joined: 17 Feb 2019

Posted: Tue Nov 19, 2024 11:06am

Phil55 wrote on Mon Nov 18, 2024 11:17pm:

Thank you for your response, we were not present at the AGM. There is no evidence in the minutes of the vote.

We are aware that of the six premises affected by the decision only the President was present.

The President is not resident and in our opinion is only interested In the safety of his property which he has not visited for 12 months, and not the lives of those in danger.

Well nothing can be done without a vote at the AGM. Tell him to buy an alarm. 

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Phil55

Posted: Tue Nov 19, 2024 11:38am

Phil55

Original Poster

Posts: 21

Location: Lo Pagan

Joined: 28 Nov 2023

Posted: Tue Nov 19, 2024 11:38am

Dax wrote on Tue Nov 19, 2024 11:06am:

Well nothing can be done without a vote at the AGM. Tell him to buy an alarm. 

Thank you

ann75

Posted: Tue Nov 19, 2024 11:46am

ann75

Helpful member

Posts: 546

295 helpful points

Joined: 2 Jul 2019

Posted: Tue Nov 19, 2024 11:46am

Phil55 wrote on Mon Nov 18, 2024 11:17pm:

Thank you for your response, we were not present at the AGM. There is no evidence in the minutes of the vote.

We are aware that of the six premises affected by the decision only the President was present.

The President is not resident and in our opinion is only interested In the safety of his property which he has not visited for 12 months, and not the lives of those in danger.

Speaking for om my own experience the biggest problem for management companies is getting owners to attend meetings. 

If nobody but the President attended the meeting I don't think they can then complain at the result they have been confronted eith.

Mags44

Posted: Wed Nov 20, 2024 1:47pm

Mags44

Very helpful member

Posts: 993

861 helpful points

Joined: 1 Sep 2019

Posted: Wed Nov 20, 2024 1:47pm

Phil55 wrote on Sat Nov 16, 2024 9:40pm:

We live in an apartment block that consists of 12 apartments.

Six are accessed off the main road and the first floor six are accessed via an individual secure key system.

The main entrance to the first floor is not only an exit / entrance but our only emergency escape route.

At the latest AGM the President who has an apartment on the first floor proposed that the inside section of the door should have a locking device that secures the door from intruders.

He has not been present at his second home for twelve months yet wants security to his property at the expense of safety to the residents who are permanently living in this complex. 

The locking of the door manually isolates all intercom system linked to apartments in an emergency and access can only be made by someone attending yhe outer door, which in an Emergency situation may not be possible.

Is his decision to manually lock the door from the inside on a vote at the AGM legally binding if you disagree with the outcome and refuse to lock yourself in.

My own feelings are that if individuals feel threatened by the fact that their premises can be accessed by undesirable people due to their lack of use they should ensure their own security system and not expect residents to suffer on their behalf.

We would be interested in our legal position yo agree with the AGM vote.

I would suggest that you contact the Citizens Advice Bureau Spain on their website or via their Facebook group to ask for their advice. The legalities of Communities and the Law of Horizontal Division is quite complex and is updated regularly, so if you don't have an expert to speak to, then CAB should be able to advise you.

https://www.citizensadvice.org.es/  

https://www.facebook.com/groups/171561296334693

Phil55

Posted: Wed Nov 20, 2024 1:54pm

Phil55

Original Poster

Posts: 21

Location: Lo Pagan

Joined: 28 Nov 2023

Posted: Wed Nov 20, 2024 1:54pm

Mags44 wrote on Wed Nov 20, 2024 1:47pm:

I would suggest that you contact the Citizens Advice Bureau Spain on their website or via their Facebook group to ask for their advice. The legalities of Communities and the Law of Horizontal Division is quite complex and is updated regularly, so if you don't have an expert to speak to, then CAB ...

Thank you

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