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La Torre Community Statutes |
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Friday, 15 February 2008 |
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The Statutes of La Torre Golf Resort Community are a lengthy piece of work and cover many items which are not mentioned in the Horizontal Property Act. These statutes were devised by the builder of the resort, Polaris World SL. It is perhaps important to remember, statutes are rules which owners agree to live by. They set down standards which promote the harmonious running of a community.
They are effectively a civil contract between owners. Terms of a contract are variable as long as the parties to the contract agree. So statutes are not written in stone - but to vary them, does require all the owners to agree to the change and this change must not contravene the Horizontal Property Act. Statutes are changed at General Meetings of the Community and require a unanimous vote of owners present or casting a proxy vote. Even then, owners who were not present can appeal to a court against any changes. Statutes should be there to help and should not be onerous.
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Community Statutes in General |
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Written by David Moore
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Thursday, 14 February 2008 |
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Property owners in any Spanish Community are governed by the Horizontal Property Act (HPA)- the law covering commnities in Spain. In addition to this law, many Communities have adopted a comprehensive set of rules, called Community statutes, which govern the general rights and standards of behaviour expected from persons residing temporarily or permanently on the complex.
These rules are not part of the Statute law, but are legally binding on owners (s17.1 HPA) and represent an agreement between owners in the Community as to how they are going to conduct their affairs. Owner enter into a contract with their Community and breaking the rules means they are in breach of this contract. Breach of contract is subject to penalities which are enforcilble by courts of law. The penalties in practice are often not enforced but the law has teeth and owners can be barred from their homes or even have them auctioned off in the extreme.
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Additional Community Statutes at La Torre |
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Written by Juan Miguel Tristante
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Thursday, 14 February 2008 |
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This letter was sent out by Adfinsur on behalf of the President of the Community at La Torre Golf Resort in January 2008. It was principly distributed to owners' email addresses held by the administrator. It reminded owners of their responibilites and the restrictions under the Articles of Association (Community Statutes). The areas covered were the likes of TV aerials, fences, sheds, estate agent signs, terraces and conducting businesses on the resort.
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Written by David Moore
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Thursday, 14 February 2008 |
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In essense the vast majority of what makes Communities in Spain 'tick' is contained within the Horizontal Property Act. The Act was originally brought about in 1960 to cover the communal areas of blocks of apartments and flats. Without some sort of legal framework, communal areas were in peril of being neglected or only a handful of responsible owners paying for and taking part in their upkeep.
Communities may also decide to live by additional rules known as Statutes, which are in additon to but can never overrule or contradict the Horizontal Property Act. Anything in a Community's Statutes that does contradict the HPA is null and void.
The full version of the Horizontal Property Act is a useful document to get to know for anyone serious about their Community in Spain.
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