Many liken it to a sort of military officer, while others come to enjoy the purple with time and redundancy in office, though most prefer not to be honored with the honor of being heads of the living community. Even the long-running and successful TV series, “No one lives here!” It hilariously depicted the daily life of a block of flats in any Spanish city for years. If you’ve “chosen” it this year for such a high responsibility as you should heed these essential tips on horizontal property law, architecture and decorating, as well as several doses of patience.
An essential ally: the administrator
Once he recovered from the shock, having been appointed by the neighborhood council, the community president became his “dance partner for his state” as administrator. But what exactly do you do? As mentioned by the General Council of Associations of Officials in Spain (Cgcafe) is the person who Manage the community day by day: ensures legal certainty, assumes economic management (budgets, ramifications, fixing of quotas, etc.), ensures compliance with legal regulations and, above all, “advises the president on various issues, problems and solutions to society”.
If there is a conflict: how to proceed
What the upstart community chief will soon notice is that his neighbors turn to him for many problems and suggestions, which have gone unnoticed before. Suddenly, the small daily inconveniences of life in his apartment building directly affect him. Particularly sensitive are all related Noises, fights, and other behaviors that put healthy coexistence to the test (take down the trail with a huge bike as if it’s yours, for example). From the General Council of Associations of Directors of Spain (Cgcafe) they give us the keys to how to act:
1. Inform the neighbor of the problem to make him see the situation and ask him to correct it amicably.
2. If the problem persists, the affected neighbors can send a letter to the community president. Or you can make a verbal complaint, indicating in both cases the floor or building where the problem is.
3. Inform the property manager by sending a letter from the complaining neighbor or owners to him so that he can guide you
Important: The first move should always be “friendly.”Make him realize that his behavior is causing him discomfort.
4. If so, the aforementioned perseveres in his position, the community of neighbors shall enter the scene to warn him “reliably” of such disturbing noise or other inappropriate activity.
5. If there is no change, the logical thing is to refer the situation to the neighborhood council to agree to file a complaint with the court.
Classic works commission
In his presidency there will come a time when, depending on the size of the local community, he may have to face one of these decisions: repairing the facade, installing an elevator, or repairing the gate, among others. In this type of situation, it may be appropriate to have more people involved in the decision, along with the boss and the administrator. Maybe it’s time Formation of a committee With several neighbors selected by the owners council to request several budgets. They confirm it from Cgcafe There is no single model for dealing with these situations.but they advise “Technical Advice Request” So that the authority knows the construction needs and takes the appropriate decisions.
Ask for several quotes, which is a good practice
As if we were going to make a repair inside. For the installation of a new elevator, the placement of surveillance cameras or the waterproofing of the facade, among other measures, from the General Council of Associations of Officials in Spain, they advise the head of the community to lose several budgets. For example, grants related to new European funds require that you apply for them Three quotes. A very logical thing, but that too “The companies I asked for are serious and solvable.”. How? For example, that they give guarantees on the terms of execution and “adapt” their payments to the economy of the owner’s community. Technical advice also plays an important role in some businesses.
Date and time of neighborhood meetings, which you specify
Being a neighborhood community president has some advantages. Among them, the meeting agenda is determined by you. specific, The Horizontal Property Code requires an annual meetingBut after that, the chairman can invite whomever he deems appropriate to the meeting. “Date, time, etc., corresponds to the chief,” they specify from the college that gathers Spanish property managers.
Consensus or majority, it depends
The majorities required for particular conventions vary according to their importance: for example, consensus An amendment to the articles of association, a change of the constituent address, or participation transactions (quotas) is required. If it is intended to create or cancel a service that will benefit the community (janitor, for example), 3/5 majority of owners Which at the same time accounts for 3/5 of the servings from sharing. The same for any common item (meeting room, old janitor’s apartment…) and for improving the accessibility of the building.
majority dAnd from the owners who at the same time account for ⅓ of the shares They are required for the installation of solar parks, new communications services, and other collective energy supplies. For the rest of the agreements a simple majority suffices (half plus one for the owners) and this is the majority of the stakes.
Those who are behind have a vote, but no vote
If there are neighbors who have not kept up with their payments, this is unfortunately less surprising than desirable. They may participate in neighborhood meetings, but they do not have the right to vote. Of Cgcafe, they added: “They will only be able to do this if it is said before the meeting of the owners that they have paid their debts.”
Is it possible to give up?
We know that there are neighboring communities that can command the same respect as the opposition court. Bad news: the The appointment of a community leader is mandatory, despite the nuances. At Cgcafe, they remember that a meeting of owners can agree that a particular person is not the boss. It can also The “elect” can go to court He requested his exemption “based on the reasons he deems appropriate” (illness, habitual residence in another country, etc.). “But it should be the judge who decides,” they point out from the organization that brings together property managers from all over Spain.
