Appeal to the decisions taken at the meeting of a community of owners in Span.
In the event that you consider that your interests could be injured, you should be aware that you can present an appeal against an agreement adopted in the Board of proprietors of the Community, provided that the following circumstances appear:
- a)When this agreement is against the Law or against the By Laws of the Spanish Community of owners.
- b)When the agreement is severely injurious to the community, and for the benefit of one or more owners.
- c) Where it involves a serious prejudice for any owner who does not have legal obligation to support it, or when adopted with abuse of right.
Owners entitled to challenge will be those who have saved their vote at the meeting of the community, the absent ones and those who had wrongly been deprived of their right to vote.
It is a requirement to appeal that the owner is up to date in the payment of all debts due to the community or, that previously, the owner has proceed with its judicial deposit.
Please note that the possibility to appeal has a limited time
. The action will expire three months
since the agreement is adopted by the Board of proprietors, except in the case of acts contrary to the law or the by-laws, in which case the action will lapse in one year.
The agreements that are taken on the community meeting in Spain are reflected in a Minutes Book. The Minutes must include, at least, the following information:
- a)Date and place of granting.
- b)Identity of the one who calls to the meeting.
- c) If ordinaryor extraordinary meeting, and if first or second call.
- d)Attendants and owners who are represented, with indication of their share at the Community.
e)Contents of the meeting.
- f)Adopted agreements.
The Minutes must have the signature of the President and Secretary of the Community, and will be forwarded to the owners at the address established for notifications, to the dwelling inside the Community, or by placing the corresponding communication on the community noticeboard.
Do not hesitate to contact our law firm in Marbella now
, in the event you need any legal, tax or accountancy advice. Arcos & Lamers Asociados is pleased to assist you in any legal, tax, company or accountancy matter.