Internal community administration and democratic process
There are 3 basic aspects regulating the community
The owners of a community are required to designate the representatives of the community (chairman, secretaries and administrators) complying with the criteria for choosing them (election, rotation…)
The community must hold a general meeting at least once a year for deciding budgets and to manage problems which have occurred during the previous period.
The buyer of a resale property will assume the previous owner’s debts and unpaid bills from the community.
The democratic process and the decision-making revolve around the “general meeting of the community”. By law it must meet at least once a year as a General meeting in order to approve the accounts, agree on the budget for the following year and to deal with any pending matters or other matters raised by a board member or a community member. The law dictates the procedure for calling the meeting and notifying the owners of the agenda.
During the meetings all decisions are made by votes from the attendants. Owners that cannot attend can delegate their votes to other members of the community or another person. If you cannot be in Spain for the meeting it is recommendable to delegate your vote to a person you can trust, for example your property lawyer.
It is important to notice that the owners in debt to the community can attend the meeting but do not have the right to vote.
The Law on Horizontal Property consider three different types of vote:
Simple Majority vote
3/5 majority vote
The unanimity vote is used only for the following cases:
Changes in the community shares assigned to the different properties.
Changes in the statutes of the community
Changes from communal to private elements
The 3/5 majority vote is used for the establishment or suppression of specific services like lifts, caretakers, guards or other common services of general interest, even if this means a change in the statutes. Disposing of communal elements that have no specific use in the property is also subject to the 3/5 majority vote.
All other decisions can be made by simple majority
. Additionally any kind of work related to the suppression of architectonical barriers for handicapped people can be made by a simple majority vote even if it involves changes in the statutes.
http://www.velascolawyers.com/en/proper ... -work.html