Is your Spanish Community corrupt?
Spain have vigorous laws to ensure owners of properties within a community are protected from illegal practices.
Here’s what you can do should you feel that your community is corrupt or you see underhanded practices which are of benefit to one sole owner, president or vice president etc.
Challenging General Assembly’s Resolutions
Section 18 rules on how assembly resolutions can be challenged at court. I’ve written a specific article on the matter due to its complexity: “Community of Owners in Spain: Challenging Assembly Resolutions”, 21st October 2011.
This can be done on three accounts:
a) When such resolutions are contrary to Law or the Community Statutes;
b) On them being seriously detrimental to the interests of the community and benefit one or several unit owners.
c) When they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power.
There are four deadlines depending on the matter. The most important deadline is the 3-month-rule. Or else a year if a resolution is against the Law or the Community Statutes. I would always advise challenging a resolution before the three-month deadline is up as a judge may not agree with you that the adopted resolution is against the law or community statutes, in which case you wouldn’t have a year to challenge it, only the said three months.
Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating. You can only challenge assembly resolutions at court.