Property Presidente

Markross62 wrote on Sun Feb 27, 2022 12:37pm:

Can anyone please help us ?? We have an flat by the beach in San Pedro which is one of only six in the block. The six are made up of … 2 that are empty (1 is for sale & she’s English but non contactable) 1 opposite us use it for a holiday home (Spanish) 2 on the ground floor are Spanish, ...

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...long term rental tenants. We have been told it’s legal requirement to have a Presidente but there is only us and the Spanish people across the landing that want everything in order but the others aren’t having any of it. What do we do, it’s very stressful and even at the town hall they only speak Spanish and we are not fluent enough ?? 

Mags44 wrote on Sun Feb 27, 2022 1:31pm:

If your property is a new-build and part of a development, then the builder generally pays all the communal bills for electricity and water for the pool etc. until such a time that more than 50% of the development has been sold, at which time he should begin the set-up of the community in order f...

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...or the general costs to be divided amongst the owners. If you are an owner, then you are entitled to have voting rights on any monies that are being spent or charged to you within the development but if you are only a tenant, then it is the owner of the property who has the voting rights. Setting up and running a "Comunidad de Propietarios" is done in a legally recognised way and a visit to a local "Administrador de Fincas" could inform you of the legal ramifications for your development. Depending on the size of the development, a "Comunidad de Propietarios" will have a Presidente, along with a possible Vice Presidente and/or a Treasurer, all who are voted in annually at the AGM. An annual budget to cover costs such as communal electricity, water for pool and watering communal gardens, rubbish collection, insurance, and general communal maintenance would be drawn up in advance of the AGM and which would be agreed on at that meeting. The corresponding monthly or quarterly community charge would be agreed to be paid by all the properties. You should not be paying out anything for communal charges, without having the backing of a legally-set-up community, as all costs must have been agreed upon by all the owners. Should the properties and/or plots, be of different sizes, then the development could be divided into the relevant sizes, with each property paying the proportional cost for their size property.  It's preferable to employ an "Administrador de Fincas" to oversee the setting up and running of the community unless, being a very small development and all properties being the same size, all the owners agree on everything and pay their dues equally. The problem that occurs often, will be when certain owners don't pay their dues and need to be taken to court to get them to do so and your administrator will know how to handle this. There are variations on all this but hopefully it will give you some idea of how these things work.

Markross62 wrote on Sun Feb 27, 2022 3:43pm:

Hi Mags, thank you so much for taking the time to reply, but we are not on a complex, have no pool … except Mar Menor 😂 and as I said there is only 6 flats, 4 of which have no interest in contributing anything. We own our flat outright and it is a re-sale property, not new development. Would...

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... a comunidad de Proprietarios still be able to help us and if so, can you or anyone else recommend somewhere please ? Thank you  Mark & Amy