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Internal Rules of the House Owners Association.
STATUTES OF THE COMMUNITY OF OWNERS OF “ LAGO JARDIN 1, MANZANA 2 ”.
Article 1. These Statutes regulate the horizontal property rule in each one of the blocks that make up the Urbanisation, aligned with the rules contained in the Horizontal Property Law, whose legal text and articles 392 and on of the Civil Code will be applied for that which is not mentioned in these Statutes.
Article 2. These Statutes, as well as the Urbanisation’s Interior Rules of Conduct are mandatory for all current and future co-owners, and therefore will be relevant in every act of transition, duty, ceding, usufruct, renting, etc. of any of the flats and properties that is committed, and registered in the Property Registry so that they are in effect for third parties, singularly in the limitations of dominical law and real charges.
Article 3. Independently of the requirements of article 9, rule (e), of the HPL, it is hereby established that in cases of alienation or obligations the buyer or acquirer will be subrogated in the rights and obligations the former owner may have had with the Community, with a time limit of fifteen years, from article 1964 of the Civil Code “WITH THE LIMIT OF THE GENERAL COSTS THAT RESULT IMPUTABLE TO THE PART DUE FROM THE ANNUITY IN WHICH THE ACQUISITION TOOK PLACE, AS WELL AS THE NATURAL YEAR IMMEDIATELY BEFORE”.
Article 4. The following, in addition to the elements described in article 396 of the Civil Code, are communal elements:
Pools, private streets, parks or green areas, which are not privately owned, interior streetlights, appliqués, etc.
The rest of the main property of this Urbanisation and those listed in its Statutes belong to the Community in the percentage (assigned), with its services and common elements.
Article 5. Each home owner’s private elements are those within its property boundaries, in line with article 3.a) of the HPL, including the home’s foundations, balconies, terraces, handrails, internal central heaters, the chimney shaft all the way to the roof, built-in (and any other) cupboards. All individual elements must be duly maintained by the owner, in accordance with rule b) of article 9, always following the general look of the building and following the rules set by the Owners Assembly.
Article 6. In order to adequately maintain the Urbanisation and its internal and external services, taxes, fees, and charges not to be paid by the individual owner will be charged to each property based on the percentage of participation that appears in the property’s deeds and the title documents of the urbanisation..
Article 7. According to the conditions of convening a meeting which are established in article 16 of the Horizontal Property Law, the Meeting of Owners will be held at least once per year, to approve budgets and statements and renovate or ratify the officers and administration. This Meeting will be held at the most opportune moment for the majority of owners.
Extraordinary Meetings will be held whenever the President, or one-fourth of owners or a number of owners whose percentages of participation represent at least one-fourth of the total participation, ask the President for one in writing. The citations to the meeting must reach owners at least 48 hours before the meeting is to start.
The citations must be signed by those convening the meeting and the President or by the secretary representing them, setting the Agenda, place, date, and time of the first and second convocations (with a separation of at least 30 minutes), in accordance with article 16, rule 2, of the Law.
Proxy votes, in the case that an owner is unable to attend a meeting, can only be given to another owner or to an immediate member of family. Proxy votes will not be accepted from individuals not owning property within the community or not being immediately related to the relevant owner.
Likewise, only votes signed by the relevant owner will be accepted, votes by email are not acceptable. Photocopies of faxes are not acceptable, only the original fax, signed by the relevant owner with a N.I.E. number or passport number, received before the date of the meeting, will be accepted.
Votes recorded on a document that is not in the Spanish language will be unacceptable. It is permissible for translations to accompany the wording on a voting form.
Article 8. The owners will elect from amongst themselves a President, who will represent the Community in and out of court in the matters that affect the Community, in accordance with article 13 of the Special Law. He will also represent any other office that appears in said legal precept.
The naming of the President will be done by a simple majority vote, following the order systems the Committee establishes; the nominee must accept, without prejudicing the legal action of article 13.2. The system can also be modified by majority agreement. Those over 70 years of age, handicapped, or the chronically ill will be exempt.
Article 9. The President, in accordance with the Statutes of this Urbanisation, or the Vice President when the circumstances of article 17.4 of the Law prevail, will represent the Community in all matters given to him by the General Assembly, meaning his or her decisions and agreements will totally apply to the rest of the owners of the Community, in accordance with article 24 of the Law.
Article 10. The term of office of all governing bodies will be for three years. The designated persons may only be removed from their offices before expiry of their terms by a resolution of the General Assembly, convened for an extraordinary or annual general meeting.
Article 11. The naming of the Administrator, or Secretary/Administrator as the case may be, must by necessity fall on a person or company with the sufficiently and legally recognised professional qualifications needed to exercise these functions. The naming of the Administrator or Secretary/Administrator must be done in a General (Ordinary or Extraordinary) Assembly, and the corresponding administration contract must be signed by the President, thereby obliging both parties (the Community and the Administrator) to fully comply with the agreement. The term in office of the Administrator or Secretary/Administrator will be for three years, the President being authorised to agree the terms he believes most advantage at the time of the automatic renewal of the contract.
Due to the professional capacity of the Administrator, that position will not be subject to re-election for a period of three years. Accordingly, if prior to 2 months before the contract expires, notice is not given of the intention not to renew, a tacit understanding will be that the contract is renewed for the same period of time as the original contract. This intention should be included in the agenda to be agreed by the assembly of a general meeting. If the above mentioned notice is not given, the contract between the two parties (Community and Administrator) will be automatically extended
Article 12. Role of the Administrator:
1.- To monitor the well being of the community, it’s services and installations and inform owners of any potential difficulties.
2.- Prepare in advance and submit to the committee, an expenditure plan for essential spending and propose the means of achieving appropriate income.
3.- Ensure the conservation and maintenance of the establishment, arranging routine maintenance and emergency repairs where necessary, keeping the committee informed of such actions.
4.- Execute agreements adopted with regards to works and ensure payment is effected.
5.- Act as Secretary to the committee and keep all documentation as directed.
6.- Carry out any other wishes of the President and committee.
Article 13. The agreements, in form and substance, will conform to each case’s provisions of quorum and requirements set in the Horizontal Property Law, in accordance with the provisions of article 17 of the Law.
Article 14. Repair works and improvements carried out on community property or assets may only be carried out with the consent of the community. However, the President and/or Administrator are authorised to order works which cannot be delayed; they must explain their actions to the Community in the next Owners’ Meeting, as long as the cost does not necessitate an extra payment on the part of the owners, since then a General Extraordinary Meeting will have to be convened. In any case, expenses or projects whose value is greater than €6,000 must be previously approved by a General Assembly.
Only in the case of extreme emergency may a co-owner complete such works or repairs, as long as it is impossible for him or her to get the President’s, or failing that, the Administrator’s, consent. He or she is, however, obliged to let the President know as soon as possible, and to limit him- or herself to do the works that are indispensable. In this case, the co-owner who did the works may also demand the Community pay him or her back the cost of the repairs, once they have been duly accredited.
Article 15. Every owner must communicate the works, modifications, or repairs he or she means to do to his flat or private residence to the President and/or the Administrator, in order to make sure they do not affect common elements or services, or the exterior look or aesthetic of the building.
Article 16. If the President or Administrator should deem that the works, modifications, or repairs would have to lessen or alter the safety of the building, its general structure, its configuration or exterior state, or cause detriment to the rights of another owner, the completion of the project must be authorised by a General Meeting.
In any case, the works that affect in these ways can not be realised without the permission of the General Assembly, even when the consent of the President and/or Administrator has been obtained.
The completion of verified works, repairs, or modifications not meeting the above requirements mean that the owner who committed the infraction will have to indemnify the Community for any damages or problems he may have caused, as well as have to return the situation to its former state; all effects of article 17 of these Statutes will be applied.
Article 17. The homes of the development may be used by owners as they want, keeping in mind the residential status of the homes, and their exclusive use as habitation, meaning that immoral, unhealthy, or dangerous exploits cannot be set up, nor exploits that alter the comfort of the occupants of the building. Specifically, the homes must remain wholly for the purpose of residential occupancy and the operating of any business or professional activity or any other similar activity is prohibited.
Additionally and to clarify the above residential properties must not be used for business premises, offices, the repair of motor vehicles, commercial parties, pubs, cafeterias, restaurants, gaming halls or any other activity that would effect the comfort of other occupiers or which appears in article 7.2 of the Law.
Article 18. The owner of the house is obliged to let the Community’s President and/or Administrator know of any usufruct, right to use and live in, renting, or cessation effected to third parties, and answer directly and be responsible for any damages committed by the occupant and anyone he/she lives with.
In this type of real rights, rentals, or free or onerous cessations, the occupant will be made aware of the contents of these Statutes and of the Interior Rules of Conduct, so that he or she will know his/her rights and obligations, without prejudice to the owner’s responsibilities established in the above paragraph.
Owners who let or lease their property must do so by means of a written contract, a copy of which must be given to the President and another copy lodged with the Administrator and which will include the number of occupants and an explanation of their rights and responsibilities. The contract will include a clause pertaining to a refundable deposit payable by the tenants to the owner to cover the cost of any damages caused. The said deposit will not be less than 600 euros.
The community will establish in its internal rules, any penalties to be applied to those who disregard the rules and regulations of the community.
Article 19. If, in order to effectuate the responsibilities, obligations, prohibitions, or limitations established in these Statutes, the Community had to take legal or another type of actions, the owner who caused the problem will be responsible for all judicial, extrajudicial, processing, Attorney’s, and Solicitor’s fees.
Article 20. The Community must maintain an insurance policy for the building against fire risk and civil responsibility; the Owners’ Assembly must set, by majority rule, the insurance company and the capital to be insured, and every owner must pay into the policy, even if he or she has his or her own policy, in accordance with his or her percentage of participation.
Article 21. As an annex to these Statutes of the Urbanisation and Community, a document of the Interior Rules of Conduct will be created, regulating the details of the cohabitation and the appropriate use of the common services and things.
Article 22. The modification of these Statutes will require the UNANIMOUS AGREEMENT OF THE OWNERS of the LAGO JARDÍN 1, MANZANA 2 Urbanisation. The modification of the upcoming Interior Rules of Conduct will require the agreement of the majority of owners or of percentages of participation. The approval of these Rules will require the approval of 90% of the owners or of the percentages of participation, in an Assembly convened for this purpose, at which at least 80% of the owners or of the percentages of participation are present.
These Statutes have been approved by the Annual General Meeting of the owners of the LAGO JARDIN 1, MANZANA 2 Urbanisation in a meeting held on March 25th, 2008.
THE PRESIDENT THE SECRETARY-ADMINISTRATOR
A.F. GRUMEDITER, S.L.
MR. LARRY MCKINNEY MR. JOSÉ RAMÓN FERRER MESPLES
N.B. This document is an English translation of the original Spanish document. The translator accepts no responsibility for misunderstandings or mis-representations.
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