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Presidents rules

Posted: Sat Apr 30, 2022 6:34pm
27 replies1550 views8 members subscribed
Vanessa47

Posts: 138

27 helpful points

Location: Villamartin

Joined: 27 Oct 2017

Can anyone tell me how much power a president has, I have been on this subject before, and it still does not seem too clear to me.

Our president has had builders look at all our properties 52 in total for cracks on the outer walls, 

He is using builders who have worked quite extensively on his property so question one, is is this allowed it Stinks of nepotism and also open to corruption

Can a president insist we can only use his builders and not get on our own. He quotes a section 6 paragraphs 6a which he made the rule. 

Can we question the price, ie we have been quoted on a hairline crack of about two foot not a deep crack it’s just the screeding. And another about the same width we have been quoted just under €1000 euros which is completely overpriced 

Are we allowed as owners of our properties to question this, the president has told us we have to vote for either remedial repairs. At just under the €1000 or he he will go ahead and do extensive repairs, ie scrap back the screeding the length of the wall that will the. Cost us €1500

Can anyone recommend builders, and also solicitors to go to for advise regarding our president and the rules 

PeterPan

Posted: Sat Apr 30, 2022 7:40pm

PeterPan

Very helpful member

Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sat Apr 30, 2022 7:40pm

Any major work like this would have to be agreed and budgeted for at the annual AGM, or extraordinary AGM if the situation is urgent. Did you attend the previous AGMs? Was anything discussed about the work?

It would be usual to get 3 quotes from independent contractors for any major work within a community..

elinspain

Posted: Sat Apr 30, 2022 8:22pm

elinspain

Legendary helpful member

Posts: 3248

4130 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Sat Apr 30, 2022 8:22pm

Hello

 They carry a lot of weight. We've just had the 1st AGM since 2019 & their is much work to be done incl. a wall around the urb to replace a hedge. 

The president has got quotes for that & new mail boxes & the price per apt. voted on & agreed in 2 installments & even those who didnt want a wall - must pay!! He's now getting 3 designs that we can all have a vote on.

Other work to be done will depend on how much money is left & decided on by the president.

Administrators  in full agreement with what is decided by him.

Cheers

Elinspain

Vanessa47

Posted: Sat Apr 30, 2022 9:01pm

Vanessa47

Original Poster

Posts: 138

27 helpful points

Location: Villamartin

Joined: 27 Oct 2017

Posted: Sat Apr 30, 2022 9:01pm

PeterPan wrote on Sat Apr 30, 2022 7:40pm:

Any major work like this would have to be agreed and budgeted for at the annual AGM, or extraordinary AGM if the situation is urgent. Did you attend the previous AGMs? Was anything discussed about the work?

It would be usual to get 3 quotes from independent contractors for any major work within a community.....

...

It seems at the last agm a new rule was passed saying that the president can decide who does any work on our properties, at our expense 

No one realised what the new rule meant at the time, he passed it off as nothing to worry about,

So now we have extremely over priced job at 1000€ a job that should cost €200 at the very most and they cannot guarantee the works

Which means every year the president can now get his workers in doing jobs not necessary and over priced 

DEP003

Posted: Sun May 1, 2022 8:59am

DEP003

Helpful member

Posts: 147

104 helpful points

Location: Moraira

Joined: 13 Oct 2021

Posted: Sun May 1, 2022 8:59am

I would suggest that if this feeling is felt by the majority of the other residents, you hold an extraordinary emergency meeting, take a vote of No Confidence' and replace him.  After all, he's only in that position because you all voted him in - so vote him out

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TP20

Posted: Sun May 1, 2022 10:39am

TP20

Helpful member

Posts: 521

468 helpful points

Location: Villamartin

Joined: 26 Sep 2020

Posted: Sun May 1, 2022 10:39am

Vanessa47 wrote on Sat Apr 30, 2022 6:34pm:

Can anyone tell me how much power a president has, I have been on this subject before, and it still does not seem too clear to me.

Our president has had builders look at all our properties 52 in total for cracks on the outer walls, 

He is using builders who have worked quite extensively on his property so question one, is is this allowed it Stinks of nepotism and also open to corruption

Can a president insist we can only use his builders and not get on our own. He quotes a section 6 paragraphs 6a which he made the rule. 

Can we question the price, ie we have been quoted on a hairline crack of about two foot not a deep crack it’s just the screeding. And another about the same width we have been quoted just under €1000 euros which is completely overpriced 

Are we allowed as owners of our properties to question this, the president has told us we have to vote for either remedial repairs. At just under the €1000 or he he will go ahead and do extensive repairs, ie scrap back the screeding the length of the wall that will the. Cost us €1500

Can anyone recommend builders, and also solicitors to go to for advise regarding our president and the rules 

In Spain there is something called Horizontal Property Law, I think you may need to seek advice if the President is using this to push through these works. 

Cheryl

Posted: Sun May 1, 2022 11:42am

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Sun May 1, 2022 11:42am

What does section 6 paragraph 6a actually say please?

Vanessa47

Posted: Sun May 1, 2022 2:09pm

Vanessa47

Original Poster

Posts: 138

27 helpful points

Location: Villamartin

Joined: 27 Oct 2017

Posted: Sun May 1, 2022 2:09pm

Cheryl wrote on Sun May 1, 2022 11:42am:

What does section 6 paragraph 6a actually say please?

Paragraph 6 a

Owners are subject to mandatory requirements on their property to ensure the community is maintained to the highest standard for the overall community this artless has been raised at the request of owners to our,use the key areas covered by mandatory maintenance requirements. This includes but not look limited to gates/ grills railings walls ( cracking loss of pebble dash) windows shutters and front doors.

If these are raised with the owners as required rectification they will be given a time period to complete the works

IT DOES NOT STATE THE PRESIDENT DEMANDS WE USE HIS BUILDERS

6 owners are obliged to maintain their property’s and any private installations to a good repair standard

So they do not affect the community or the rights of any other owner, they will be held responsibility and financially any damage caused by their own negligence or any of their guests

Article 6 was already on the rules 6a the president got pushed through last AGM he said it was just a requirement and would not cause a problem, but since that was added he has demanded lots of other work at inflated prices, and changed rules during the past year without a vote .

Cheryl

Posted: Sun May 1, 2022 2:36pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Sun May 1, 2022 2:36pm

"If these are raised with the owners as required rectification they will be given a time period to complete the works".
I read this as meaning the president or administrator will advise home owners of necessary remedial works and will be given a set time period to rectify the fault.
It also states that homeowners are responsible for keeping their properties maintained so it seems that if you don't keep your home maintained and you have been given notice that it needs repair and not done anything about it then the president can arrange for everything to be completed at your cost.
Unless I'm missing something, that all sounds reasonable to protect the rights of other owners to enjoy their homes and to not have their homes devalued by nearby properties which could give an impression that the area is generally getting run down.

The main question I have is were you advised that the work needed to be done within a reasonable time and if not, can the President show that you were?

Vanessa47

Posted: Sun May 1, 2022 4:07pm

Vanessa47

Original Poster

Posts: 138

27 helpful points

Location: Villamartin

Joined: 27 Oct 2017

Posted: Sun May 1, 2022 4:07pm

Cheryl wrote on Sun May 1, 2022 2:36pm:

"If these are raised with the owners as required rectification they will be given a time period to complete the works".
I read this as meaning the president or administrator will advise home owners of necessary remedial works and will be given a set time period to rectify the fault.
It also...

... states that homeowners are responsible for keeping their properties maintained so it seems that if you don't keep your home maintained and you have been given notice that it needs repair and not done anything about it then the president can arrange for everything to be completed at your cost.
Unless I'm missing something, that all sounds reasonable to protect the rights of other owners to enjoy their homes and to not have their homes devalued by nearby properties which could give an impression that the area is generally getting run down.

The main question I have is were you advised that the work needed to be done within a reasonable time and if not, can the President show that you were?

No we were only told the cost yesterday and given 7 days to decide on the €900 repair or the €1400 repair

We have not been offered to do ourselves it’s not a matter that we have been informed to get the job done and we have neglected to do so

The president has employed his own builders to view all the 54 properties which most like mine have one to two hairline cracks of a meter wide told us we have to use his builders

Whilst the rules are there to keep the community looking good which I hasten to add our community is one of the nicest around and the cracks are hardly noticeable, and again I say we have not been. Notified in the past tobdo these works 

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