community rules - who can make what?

[Lizzy]

I have read all previous posts in relation to this bu cannot find specific answers.

what are community statutes?
who sets them?

turning to internal rules, all my homework indicates ALL decisions (unless emergency!!) have to be voted on and majority vote needed to pass. thus am I safe in thinking that a committee cannot agree any internal rules on their own?
Having had initial meeting to appoint committee, administrator and budget in september, what should happen to sort out internal rules - another meeting? If there is to be another meeting must all residents be given notice and presumably this notice must show what the items for discussion are?

I do not want to be in a position of decisions being taken without my knowledge and input.

[Doc]

Hi Lizzy.

I don't know what the legal position is )perhaps worth asking on the Legal forum) but my understanding is that you should first have a meeting to appoint the president and committee. A subsequent meeting should then be held where the president and his / her committee outline the community rules which are then agreed by the meeting. If you are not available to attend the meeting then you should be able to cast your vote by proxy. It is best NOT to give your proxy to the president or any committee member, but to someone who is independent, and will vote according to your wishes. The proxy does NOT have to be a resident of the urb, it can be anyone aged 18 or over. Ideally the committee should publish the rules that they intend to vote on so that you have a chance to think about your response prior to the meeting

I would recommend that you get yourself a copy of 'You and the Law in Spain' by David Searl which details the Horizontal Property Laws that cover this aspect of life in sunny Spain.

HTH,

Chris.

[Lizzy]

community rules

Thanks chris. I do have a copy of the book which I have read from cover to cover.
It does not however go into the details of community operation and my administrator does not seem to want to answer all the questions I raise.

I have asked specifically about internal rules becuase on our urb. we have appointed committee and agreed budget and that's it! But rules have sprung up which I propose to challenge as they have not appeared on any agenda and I have certainly not voted for them. Further, as I have alluded to in earlier posts these rules refer to Spanish Law in relation to pool usage - I have asked what Spanish Law is this? on the legal forum I have asked what Law governs pool usage - the answer was NONE!

Liz

[Doc]

Hi Lizzy.

Most pool rules are dictated by the insurance company that the community uses to insure the pool (e.g. no lilos, opening hours etc). I know that most pool rules are fairly standard from one urb to another. With regard to the creation of community rules, I'll have a dig around and see if I can find a better answer for you.

Chris.