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Lift turned off!!

Posted: Mon Oct 18, 2021 10:23am
27 replies1417 views10 members subscribed
mickyp

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Hi,

I have just moved into my apartment in Formentera, which i own & have been told by the community administration that the lift has been turned off due to saving money. This was discussed & approved at the annual community meeting, of which i wasn't present.  I have since found out that there was only one person present from my community block & they had the only vote (it's only a small block of six apartments) & that person is actually the president who owns an apartment but does not even live in the block apparently they live in Madrid! 

If anyone can give me some legal advice or recommend someone to contact regarding getting the lift turned back on, it would be greatly appreciated. 

Thanks Mick 

PAul1670

Posted: Mon Oct 18, 2021 10:47am

PAul1670

Helpful member

Posts: 112

74 helpful points

Joined: 23 Dec 2019

Posted: Mon Oct 18, 2021 10:47am

Hi 

Sorry to hear of your predicament I can't help regards to where you stand but would advise that you should get a reduced community bill at the very least

Good luck

JJ LAM

Posted: Mon Oct 18, 2021 11:08am

Posts: 12

7 helpful points

Location: Catral

Joined: 26 Jan 2021

Posted: Mon Oct 18, 2021 11:08am

I certainly would be miffed if it was me and I had difficulty with the stairs. I would say at the very least, the President should of sent out an agenda of things to be brought up at the meeting prior, so absentees can vote without attending. Especially something as important as this. It is not like he did not know it was an issue that was going to be discussed....he was the only one there?

mickyp

Posted: Mon Oct 18, 2021 11:31am

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Mon Oct 18, 2021 11:31am

PAul1670 wrote on Mon Oct 18, 2021 10:47am:

Hi 

Sorry to hear of your predicament I can't help regards to where you stand but would advise that you should get a reduced community bill at the very least

Good luck

Thanks, yes I'm getting a reduction in the fees but would much rather pay & use the lift 

mickyp

Posted: Mon Oct 18, 2021 11:33am

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Mon Oct 18, 2021 11:33am

JJ LAM wrote on Mon Oct 18, 2021 11:08am:

I certainly would be miffed if it was me and I had difficulty with the stairs. I would say at the very least, the President should of sent out an agenda of things to be brought up at the meeting prior, so absentees can vote without attending. Especially something as important as this. It is not l...

...ike he did not know it was an issue that was going to be discussed....he was the only one there?

Hi, 

i wasn't informed about anything on the agenda for the meeting. I'm waiting for the administrator to send me the minutes of the meeting so i can find out exactly who attended. 

Thanks 

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Cheryl

Posted: Mon Oct 18, 2021 11:56am

Cheryl

Legendary helpful member

Posts: 2973

3533 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Mon Oct 18, 2021 11:56am

I'm not surprised you are cheesed off!

From various things I have read, the job of President is often a thankless task but they still have responsibilities.

https://www.spainlawyer.com/legal-guide/the-community-of-property-owners-in-spain/ 

Reading this, (assuming it is correct) it seems you have some options open to you:

Section 8, The Rights of the Property Owner, 

10.3 The book of minutes

10.4 Contesting Decisions taken at the Meeting (within 3 months of decision)

President's duties including preparing the accounts of expenditure

Not knowing if you owned the apartment at the time of the meeting, I would think you could ask the President for the accounts so you can see for yourself how things stand. The President doesn't have to live on the Community and where he lives is not relevant although he will obviously not be as affected by the decision as you are. It could be that other owners are behind in their Community fees, or the lift is old and needs major work and there simply isn't the money for ongoing repairs. 

I would also write a letter in Spanish and English and put them in the boxes for any owners living above the ground floor, bearing in mind the owners may be absent for a good while, just to see if you will get any support.


mickyp

Posted: Mon Oct 18, 2021 12:22pm

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Mon Oct 18, 2021 12:22pm

Cheryl wrote on Mon Oct 18, 2021 11:56am:

I'm not surprised you are cheesed off!

From various things I have read, the job of President is often a thankless task but they still have responsibilities.

https://www.spainlawyer.com/legal-guide/the-community-of-property-owners-in-spain/ 

Reading this, (assuming it is correct) it seems you have some options open to you:

Section 8, The Rights of the Property Owner, 

10.3 The book of minutes

10.4 Contesting Decisions taken at the Meeting (within 3 months of decision)

President's duties including preparing the accounts of expenditure

Not knowing if you owned the apartment at the time of the meeting, I would think you could ask the President for the accounts so you can see for yourself how things stand. The President doesn't have to live on the Community and where he lives is not relevant although he will obviously not be as affected by the decision as you are. It could be that other owners are behind in their Community fees, or the lift is old and needs major work and there simply isn't the money for ongoing repairs. 

I would also write a letter in Spanish and English and put them in the boxes for any owners living above the ground floor, bearing in mind the owners may be absent for a good while, just to see if you will get any support.


Hi, thanks for your reply it is very helpful. 

Yes i owned the property at the time of the meeting & from what i can see looking back through my emails i wasn't informed of the meeting or what was on the agenda.

 I am in contact as we speak with the administration & am asking for evidence that i was invited to the meeting, they have also said that due to data protection they are unable to give me any contact details for the President & everything has to go the the administration group. Which i find very strange indeed! 

Thanks Mick 

trotter

Posted: Mon Oct 18, 2021 3:23pm

trotter

Helpful member

Posts: 79

340 helpful points

Location: Rojales

Joined: 20 Mar 2020

Posted: Mon Oct 18, 2021 3:23pm

mickyp wrote on Mon Oct 18, 2021 10:23am:

Hi,

I have just moved into my apartment in Formentera, which i own & have been told by the community administration that the lift has been turned off due to saving money. This was discussed & approved at the annual community meeting, of which i wasn't present.  I have since found out tha...

...t there was only one person present from my community block & they had the only vote (it's only a small block of six apartments) & that person is actually the president who owns an apartment but does not even live in the block apparently they live in Madrid! 

If anyone can give me some legal advice or recommend someone to contact regarding getting the lift turned back on, it would be greatly appreciated. 

Thanks Mick 

If it wasn't on the agenda, which should have been sent out to all owners prior to the AGM, then it shouldn't have been voted on at the AGM. It could have been brought up and discussed under "any other business" but it shouldn't have been voted on until added to the agenda for the next meeting.

mickyp

Posted: Mon Oct 18, 2021 3:42pm

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Mon Oct 18, 2021 3:42pm

trotter wrote on Mon Oct 18, 2021 3:23pm:

If it wasn't on the agenda, which should have been sent out to all owners prior to the AGM, then it shouldn't have been voted on at the AGM. It could have been brought up and discussed under "any other business" but it shouldn't have been voted on until added to the agenda for the next meeting.

Thanks for your advice, i have asked the question & still waiting for the administration to get back to me 

Binz1

Posted: Tue Oct 19, 2021 2:04am

Posts: 82

37 helpful points

Joined: 12 Mar 2021

Posted: Tue Oct 19, 2021 2:04am

mickyp wrote on Mon Oct 18, 2021 3:42pm:

Thanks for your advice, i have asked the question & still waiting for the administration to get back to me 

Hi all I have a similar issue I also own an apartment in Formentera and at this years agm again which I was not in attendance they approved a 400 euro "special payment" which they have already taken in 2 monthly installments and to add insult to injury have increased the qtrly fees by 80 euros per qtr. 

When I asked for the agm minutes I did get them but there was no reason given for this extortionate increase. 

Due to covid and myself and my wife still isolating we haven't even been to our apartment for 20 months. 

Is it legal to take this money from my account over and above the qtrly fees? 

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