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Thread: Community problems

  1. #1
    Join Date
    Nov 2011
    Posts
    13

    Default Community problems

    Hello. Just a few questions regarding the legality of Community rules.
    1) The section of the urbanisation we live on has no yellow lines or no parking signs on any of the streets.Some people are parking their car outside
    their house and allowing their visitors to do the same. This is causing some problems between neighbours and street reps. As far as i'm aware the local
    police wont do anything because it's considered a private road. Can the offenders be prosecuted in the courts? and if so and the ruling is for the offenders.
    who will be held responsible for court costs? the Community or the President of the community? and has anybody the right to demand the car/s to be moved?

    2)The house we bought came with a community pool and one of our neighbours lets his visitors and guests use it. This seems to upset some of our other residents
    and they want us to change the community guide lines to limit their use of the pool to 2 guests. Can they do this? Has the neighbour a legal right to let any of his guests or visitors use the community pool?

    3) Some members of our community have various skills that they wish to volunteer. This can help save the community quite a substantial amount of money. If the volunteer was willing to sign a disclaimer, saying that in the event of an accident or fatal injury they would'nt hold the community or president liable and or accountable would this be legal?. The reason i would like to know is, would this be likely to invalidate any insurance claim?

    4) Is The Community president accountable for his street reps action in any possible lawsuit. Does being president mean he/she has to have a committee?

    I thank you in advance for your advice.

  2. #2
    Join Date
    Dec 2012
    Location
    Orihuela Costa
    Posts
    75

    Default

    Hello, the first thing I would say is that for questions with this level of detail, it is best to have a meeting with your Administrator or with a lawyer, but I will answer the above for you of course:

    1) The day-to-day running of each community is really determined by the Communities’ By laws (Statutes) which are drafted at the time of lodging the Master Deed (or Horizontal Deed). The rules for parking should be there. If there are no regulations in place it is difficult to say someone can´t park wherever. To change it, you need to contact the Administrator to say that rules need to be created, which will probably involve plans, a architect and it being brought up and voted for at the next meeting.

    2)Again it depends on what the community statutes or own Rules (usually voted for later) say. Yes, residents can change the rules but only done properly at a meeting with a majority of 50% plus 1. If there is nothing in the gudelines then it is hard again to say that other people can´t use it.

    3)I am afraid althought this seems to make sense, this is really illegal as someone should not be employed without a contract or agreement or salary/agreed payment etc and of course most contractors or workmen should have public liability insurance. On a Community properly legal workmen should be employed really. Also someone cannot sign a disclaimer for something that has not happened yet. Using volunteers could unfortunately affect the insurance and everyone on the community if something happened (imagine if inadvertently they caused for example a leak to the pool and the insurance would not pay out) and there was a claim; everyone would have to share it.

    4) I am not sure what you mean exactly by street reps or thier actions, but the President is accountable. They represent the Community but can´t just do what they want, and they can´t tell someone else that they can do what they want regarding a course of action. A Committee can be formed to ease decisions but only the President is responsible and can sign.

    I do hope this helps. If you and some others or anyone wish to have a meeting with our lawyer he is an expert on Community Matters and can support you and present requests by letter to the Administrator but this costs a little money and ultimately it is the Administrator that will need to organise for internal rules to be changed in the proper manner. But when really concerned I would advise people to have one meeting with a legal expert to get the actual law on a few points as there are many people who think they know something but it is complicated. We have had many people have one meeting for 70 euros and gone away happy with a lot of information.

  3. #3
    Join Date
    Nov 2011
    Posts
    13

    Default Thank You

    Quote Originally Posted by Spanish Solutions View Post
    Hello, the first thing I would say is that for questions with this level of detail, it is best to have a meeting with your Administrator or with a lawyer, but I will answer the above for you of course:

    1) The day-to-day running of each community is really determined by the Communities’ By laws (Statutes) which are drafted at the time of lodging the Master Deed (or Horizontal Deed). The rules for parking should be there. If there are no regulations in place it is difficult to say someone can´t park wherever. To change it, you need to contact the Administrator to say that rules need to be created, which will probably involve plans, a architect and it being brought up and voted for at the next meeting.

    2)Again it depends on what the community statutes or own Rules (usually voted for later) say. Yes, residents can change the rules but only done properly at a meeting with a majority of 50% plus 1. If there is nothing in the gudelines then it is hard again to say that other people can´t use it.

    3)I am afraid althought this seems to make sense, this is really illegal as someone should not be employed without a contract or agreement or salary/agreed payment etc and of course most contractors or workmen should have public liability insurance. On a Community properly legal workmen should be employed really. Also someone cannot sign a disclaimer for something that has not happened yet. Using volunteers could unfortunately affect the insurance and everyone on the community if something happened (imagine if inadvertently they caused for example a leak to the pool and the insurance would not pay out) and there was a claim; everyone would have to share it.

    4) I am not sure what you mean exactly by street reps or thier actions, but the President is accountable. They represent the Community but can´t just do what they want, and they can´t tell someone else that they can do what they want regarding a course of action. A Committee can be formed to ease decisions but only the President is responsible and can sign.

    I do hope this helps. If you and some others or anyone wish to have a meeting with our lawyer he is an expert on Community Matters and can support you and present requests by letter to the Administrator but this costs a little money and ultimately it is the Administrator that will need to organise for internal rules to be changed in the proper manner. But when really concerned I would advise people to have one meeting with a legal expert to get the actual law on a few points as there are many people who think they know something but it is complicated. We have had many people have one meeting for 70 euros and gone away happy with a lot of information.
    Thank you for your speedy reply. It has helped a great deal and i am meeting with administrator next week. I'll also propose to our community, a meeting with your legal expert and take it from there. Once again,Many Thanks

  4. #4
    Join Date
    Dec 2012
    Location
    Orihuela Costa
    Posts
    75

    Default

    Thank you. I am glad it helped and look forward to meeting you at some stage. Amanda

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