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La Torre Community Statutes
Friday, 15 February 2008
Article Index
La Torre Community Statutes
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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.

ARTICLES OF ASSOCIATION OF THE HOMEOWNERS' ASSOCIATION
OF THE PRIVATE PROPERTY COMPLEX LA TORRE GOLF RESORT

TITLE I. GENERAL
Article 1. Name

With the name of "Homeowners' Association of the Private Property Complex LA TORRE GOLF RESORT", a homeowners' association is hereby incorporated for the estate covering the entire scope of the "LA TORRE GOLF RESORT" partial plan, without prejudice to the particular homeowners' associations incorporated on the various plots that make up this community, which shall be considered as the "GENERAL COMMUNITY OF THE PRIVATE PROPERTY COMPLEX LA TORRE GOLF RESORT".

Article 2.

The association shall be governed by the provisions laid down in articles 24, 5 and other corresponding provisions of the Condominium Act 49/1960, of 21 July, reformed by Act 8/1999, of 6 April, as well as the provisions laid down in these articles of association or substituting regulations.

Article 3. Address

1. For all intents and purposes, the initial address is set at the access control building on the property complex.

2. The homeowners' meeting, with the majority laid down in article 17.3 of Act 49/1960, may agree the transfer to whatsoever place on or outside the estate, where the new address  shall be notified to the homeowners and registered in the property register.

Article 4. Purpose

The main purpose of the association shall be to regulate the relations of the owners of the property included in the "LA TORRE GOLF RESORT" complex with regard to the indivisible co-ownership of other common services, installations and elements, as well as to ensure their conservation and maintenance, including certain public infrastructures and facilities on the estate, especially the maintenance of the exterior aesthetic conditions of the buildings and gardens from the part that is visible from roadways and other common areas as laid down in these articles of association.

Similarly, the purpose of the homeowners' association includes the maintenance and conservation of the infrastructures and facilities to be assumed by the owners of the plots and houses on the estate in accordance with the partial plan of the sector, the Ground space Act 1/2001, of 24 April, governing ground space in the Region of Murcia, and Royal Decree 3288/1978, of 25 of August, which adopted the town planning regulations.



 
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