QUESTION: Our community consists of some villas on plots and some attached row houses. All the houses have the same roofs with roof-tiles. Some owners have made new construction in their garden areas or changed their roofs. The AGM was not informed and no permission was given. The issue was discussed at a special EGM when the new president brought up the subject of “Legal action against the violators”. He himself is one of the offenders. The issue was not on the official agenda for the meeting. As he had collected many proxies beforehand, he was assured that he would have the majority when voting. So it was voted to stop any legal action against the violators. The administrator said that this was a legal vote. Can this be true?
ANSWER: Yes, the vote is legal but questions arise. Properly, an issue of this importance should be on the agenda so the proxy issuers and others will be informed. However, even one owner can go to court if he observes infractions of the Horizontal Law, which we have here. The court will probably order that the results of the meeting be annulled and a new EGM called to deal with the issues.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.