Is the maintenance cost too high?

Q. Our Community has several problems due to lack of maintenance. The buildings and outside areas like the garden and car park are looking quite shabby. At the imminent AGM a decision will be sought to spend around €50,000 to replace stair carpets with ceramic floor tiles. It is estimated we will all be asked to pay €90 per quarter extra for the next three years. Some of us do not want to vote yes at the AGM.

My question is: What percentage of owners is necessary to allow this? Is it 51 per cent, or 3/5ths of all owners, or is it simply a majority vote of those few people actually attending the AGM together with proxy votes?

P.R. (Costa del Sol)

A. On the Second Calling of the AGM, which routinely is half an hour after the First Calling, the majority of owners present or by proxy will carry the motion.  As you describe it, the issue is necessary maintenance, so a simple majority vote should be sufficient. You feel that the new flooring is more expensive than it needs to be, but if the AGM votes to install it, you are bound by the decision.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


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