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Urbanisation. Hoizontal Law

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  • Urbanisation. Hoizontal Law

    I live on an urbanisation, comprising 6 separate manzanas, each with its own elected President. The board of management comprises each of the presidents who are elected annually, together with an elected president of the communal area (i.e. swimming pool, restaurant bar, tennis court and other communal areas.
    Are you able please to answer the following questions, providing the relevant legislation in respect of the answers.
    1. The main community president. Is there a requirement under law for every property owner to have the right to vote on the appointment of this president OR can the Manzana presidents decide amongst themselves who they wish, without any referee to the property owners?

    2. Budget, accounts and election of administrator of communal areas. Basically the question is as above, can the presidents themselves make a decision without reference to all property owners? Is the administrator compelled by law to provide all property owners the accounts for the previous year together with the proposed budget for the following year?

    3. Touting for Proxy votes.

  • #2
    1.- If the main community or commonwealth is regulated by the Horizontal Property Law, then the president should be elected by all the owners, unless they delegate to the manzana president to vote on their behalf.

    2.- The administrator of the community who also act as secretary, has the obligation of keeping all the documentation that it is available to the community of owners. Therefore any owner can consult the accounts before the general meeting.
    It is usual that when the new budget is to be approved the previous accounts are sent to the owners together with the notice of the meeting.

    3.- The holder of the proxy has the same restrictions that the other owners.

    Should you require any further assistance do not hesitate to contact us.

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