Can they replace the awnings?

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QUESTION:

We live in a small community of four apartments on the main street of our village. We are the only full time residents. Each apartment has toldos (awnings) on the front balcony and all are in a very bad state of repair but matching (yellow/grey striped).  Three owners agree that the toldos need replacing and to replace with either plain grey or yellow which would bring a much more modern look to the building. But the owner who acts as our “community leader” says that we have community rules and she wants written confirmation that we all want the awnings replaced. Never have we received any community rules or had a meeting for the last five years. Could we go ahead and get the new material without further talks?

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ANSWER:

Yes, you can.  However, it seems to me that you do not have a Community of Property Owners properly constituted under Spain’s Law of Horizontal Property and registered with the Property Registry. This requires formal election of a president and yearly AGMs. This is not obligatory for buildings of four or less apartments but it is a good idea.





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