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The Community Law Corner: Article 3
Challenging a Community Decision Properly
By José Luis Navarro. www.intercala.com
Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article was originally published in the Euro weekly News, Costa del Sol edition in July 2011
It is not uncommon that an owner would like to challenge in court a decision that the community committee has passed at a general meeting, that they disagree with, find detrimental or consider to be illegal.
This challenge situation is covered under article 18 in the Law of Horizontal Property.
The article is broken down into four parts which in turn lay down the conditions under which a decision may or may not be challenged in court.
Part 1.
a) When the decision is simply against the law or the community statues.
b) The decision goes against the interests of the community as a whole to the betterment of one or several owners,
c) If the decision causes harm to an owner or owners who have no legal obligation to bear the consequences of such a decision or if the decision was reached by misuse or an abuse of the law.
Part 2.
Challenges may be legitimately made in court when: an owner specifically registers their disagreement at the community meeting, was absent from the meeting for any reason or was incorrectly denied their right to vote.
The right to challenge is valid provided all debts and fees that are payable to the community are paid up to date or alternatively have been lodged with the court, prior to making the challenge.
This condition does not apply when the challenge concerns establishing or changing the Cuotas (community coefficients) which are mentioned in article 9 of the Law of Horizontal Property.
Part 3.
The possibility of making a challenge passes after three months unless the decision was, against the law or contrary to the community statutes, if this is the case then the period increases to one year. If a challenge is based on an owner not attending the meeting, then the period for the challenge is calculated from the time of notification and according to the terms laid out in article 9 of the Law of Horizontal Properties.
Part 4.
Challenging a community decision does not stop its execution, so the decision remains until the court rules otherwise.
In short: an owner has the right to challenge a community decision but must do so in court, it is not enough to just complain to the administrator. In order to go to court the above conditions must be met. The most important points are; if the objecting owner was at the meeting when the decision was made then the objection should be recorded in the minutes properly, best to have all community fees paid, don't leave it too late - challenge within time limits and remember nothing changes until the Judge says so.
As usual;
we at Intercala Administration strongly suggest you seek proper and competent advice in all matters regarding the law,
just jumping in to find out how deep the water is might not always be your best bet.
Challenging a Community Decision Properly
By José Luis Navarro. www.intercala.com
Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article was originally published in the Euro weekly News, Costa del Sol edition in July 2011
It is not uncommon that an owner would like to challenge in court a decision that the community committee has passed at a general meeting, that they disagree with, find detrimental or consider to be illegal.
This challenge situation is covered under article 18 in the Law of Horizontal Property.
The article is broken down into four parts which in turn lay down the conditions under which a decision may or may not be challenged in court.
Part 1.
a) When the decision is simply against the law or the community statues.
b) The decision goes against the interests of the community as a whole to the betterment of one or several owners,
c) If the decision causes harm to an owner or owners who have no legal obligation to bear the consequences of such a decision or if the decision was reached by misuse or an abuse of the law.
Part 2.
Challenges may be legitimately made in court when: an owner specifically registers their disagreement at the community meeting, was absent from the meeting for any reason or was incorrectly denied their right to vote.
The right to challenge is valid provided all debts and fees that are payable to the community are paid up to date or alternatively have been lodged with the court, prior to making the challenge.
This condition does not apply when the challenge concerns establishing or changing the Cuotas (community coefficients) which are mentioned in article 9 of the Law of Horizontal Property.
Part 3.
The possibility of making a challenge passes after three months unless the decision was, against the law or contrary to the community statutes, if this is the case then the period increases to one year. If a challenge is based on an owner not attending the meeting, then the period for the challenge is calculated from the time of notification and according to the terms laid out in article 9 of the Law of Horizontal Properties.
Part 4.
Challenging a community decision does not stop its execution, so the decision remains until the court rules otherwise.
In short: an owner has the right to challenge a community decision but must do so in court, it is not enough to just complain to the administrator. In order to go to court the above conditions must be met. The most important points are; if the objecting owner was at the meeting when the decision was made then the objection should be recorded in the minutes properly, best to have all community fees paid, don't leave it too late - challenge within time limits and remember nothing changes until the Judge says so.
As usual;
we at Intercala Administration strongly suggest you seek proper and competent advice in all matters regarding the law,
just jumping in to find out how deep the water is might not always be your best bet.