As we are all aware, there’s a set of rules we have to stick to. Not to make life hard, but to make living in the community easier for everybody. This page lists them all.
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TITLE ONE FROM THE OWNERS COMMUNITY
ARTICLE 1.- SCOPE OF APPLICATION.
The present Statutes will be of application to the URBAN CONJUNTO denominated “VICTORIA GOLF”, in the street Infanta Elena, 61 of the term municipal of Los Alcázares (Murcia). Said set consists of 32 households.
In order to regulate the relations born of the Community of elements between the various buildings that make it up, as well as the obligations and rights of each of the owners of the real estate units – apartments, which make it up, for the sake of better use, conservation and promotion of the set of facilities and services thereof, The following norms are set that bind all co-owners equally and the persons who live with them or occupy the exclusive property of the They are holders. The provisions of these Statutes are of inescapable observance, both for current owners as for those who are in the future, as well as for the people who live with them or depend on them and, in general, for any occupant of the real estate units that make up the plot integrated by this Community.
ARTICLE 2.- WHO INTEGRATES THE COMMUNITY.
The Community of owners is necessarily and necessarily formed by all owners of existing homes, facilities or services currently in the same, or those that in the future may create the promoter seller, whose right is reserved. Since in this urbanization all the buildings are divided according to the Horizontal Property Law in apartments, ownership and representation in the General Community will correspond to each owner according to these statutes and for what is not present in them, according to the Horizontal Property Law, subsidiary.
ARTICLE 3.- NORMS FOR WHICH IT MUST BE REGULATED.
The present community of Owners, will be governed by the provisions of the Deed of
Declaration of New Construction and Horizontal Division, the Law of Horizontal Property of July 21, 1960, reformed by Law 8/1999, the precepts established in the Civil Code, and by the present Statutes, establishing the rules of constitution and exercise of the right and provisions not prohibited by law. In particular, the purpose of these is the regulation of use, exploitation and enjoy the whole housing integrated in the plot previously reviewed, its facilities and services, expenses, administration, conservation, and reparation and good governance for a harmonious coexistence between dwellers.
ARTICLE 4.-THE COMMUNITY AND ITS DENOMINATION.
To regulate the use and enjoyment of common elements, as well as the distribution of the charges and necessary expenses for its adequate conservation, the Community of Owners is created, called “VICTORIA GOLF”.
ARTICLE 5.- DOMICILE OF THE ENTITY.
The address of the Community of Owners “VICTORIA GOLF” is posted on the street Infanta Elena, 61 of the municipality of Los Alcázares (Murcia).
ARTICLE 6.- OBJECT OF THE COMMUNITY.
The Community that is constituted has as its fundamental object the care and vigilance by:
a) – The best use, enjoyment, use, repair, conservation and improvement where appropriate, of the elements and services commonly used and that make up the urban infrastructure of the same.
b) – Compliance with the rules and regulations, both legal and internal regime agreed, by a simple majority, to preserve the character and category of the Complex. c) – The harmonic relationship between all owners.
SECOND TITLE OF THE OWNERS
ARTICLE 7.- OWNERS.
In accordance with article II of these regulations, the Community of Owners will be necessary and compulsorily integrated by all proprietary holders of the real estate units of this urbanization. The acquisition by any title of an apartment, independent makes the purchaser participate in the rights and obligations of the Community of Owners. The condition of member of the Community is inalienable, unless it is lost ownership or co-ownership of the dwelling and inherent elements or goods. By consequently, simple renunciation of the Community will not have any effect, nor therefore exempt from the payment of ordinary or extraordinary fees that for common expenses or their corresponding advance, nor in general of the fulfilment of none of the obligations attributed to the comuneros by the Law, the Regulations and the present Statutes. Each comunero may freely dispose of his right without being able to separate the elements that integrate it and without modifying the obligations derived from the situation regulated in these Statutes, considering both, the new acquirer automatically subrogated the rights and obligations of the transferor.
ARTICLE 8.- ADDRESS OF THE PARTICIPANTS.
For all kinds of matters related to the Community it is fixed as legal and official residence of each co-owner which he has in this urbanization, leaving all those interested in the Community subject to The Courts and Tribunals of Torrevieja for the purpose of resolving how many litigious issues could arise from their relations with the Community. Without However, regardless of the legal domicile, the Communards who wish to that the communications are sent to another address, they must indicate it to the Administrator of the Community of Owners, in writing.
ARTICLE 9.- OF THE PRIVATIVE AND COMMON ELEMENTS OF THE OWNERS.
The Owners of the different independent elements have a right of singular and exclusive property over the space delimited by the respective apartment, facilities included in its limits for exclusive service of its owner, and attachments expressly indicated in the title, and a right of co-ownership with the other owners, with respect to the other elements of the Community of Owners, in accordance with their quotas of participation. Common elements and goods are those listed in the relationship given to Article 396 of the Civil Code by the Law of April 6, 1999, on Reform of the Law of Horizontal Property and among them the solar, the subsoil, the foundations, the dependencies in which the various accountants of the supplies, walls or dividing walls and enclosures and others that in the constitution of the Horizontal Division have been determined as common.
ARTICLE 10.- COMMON ELEMENTS OF THE COMMUNITY.
10.1.- The Owners that make up the Community of Owners will have a right of use or of copossession, with respect to the elements that make up said Community, considered as such those listed by title Enunciatively below:
a) The roads, car parks and roads with their main accesses and accessories, both those suitable for road traffic and those intended for pedestrians, who are located outside the spaces considered as strictly proprietary.
b) The trees, plantations, lawns and gardens, play areas, swimming pools, recreation or stay, with its corresponding objects of ornament or, complement, that may exist in the areas described in section a).
c) The elements, facilities, machinery of all kinds, external sources, conductions, community toilets, buildings and other assets that are directly affected to the service, maintenance repair or conservation of the elements that in this article are described as property of the parcels that make up this Community.
d) In general all things of property not belonging to housing determined.
10.2.- The external appearance of buildings and installations forms a whole harmonious, highly studied and careful, being the shaping element more typical of the Urbanization, and for that reason it is patrimony of all, reason for the that any future alteration of the same must be approved by the Community of Owners being the expenses that can be derived with charge to the owner who proceeds. The approval must be made by the body of government.
10.3.- The works authorized by the Entity are expressly approved. Promoter and made prior to the Constitution of this Community, or those that the Promoting Entity can make by virtue of the reservation of rights that it has.
ARTICLE 11.- PRIVATIVE ELEMENTS.
The common elements of the Community of Owners are necessarily linked in their ownership and enjoyment, to housing (in successive “privative elements”), not being segregated, alienated, taxed or seized, but together with the private part of the they are inseparable annexes. In the case of alienation of a private element, the owners of others will not have, by this single title, the right of first refusal or retraction.
ARTICLE 12.- PARTICIPATION FEE.
In accordance with the constitutive title, each privative element is assigned a participation fee in the General Community totaling these fees a hundred whole. It is also assigned to each element of the blocks that they integrate, a quota of respective block totalizing these quotas hundred whole for each building. When voting is carried out, it will be done using the coefficient of each property in the general community that is, according to the share of participation that corresponds to each one. Regarding the distribution of benefits or expenses, it will be done using said coefficient for those that refer to the generality of the complex and for On the other hand, the participation coefficient of each element in the building to which it belongs to those that are specifically attributable to said building.
TITLE THIRD OF RIGHTS AND OBLIGATIONS
ARTICLE 13.- RIGHTS OF THE OWNERS.
The rights of the Owners are:
to). – Hold the exclusive ownership of its exclusive element, being able to assign your property or use, with all the rights inherent to it, under any of the forms admitted by the Law and these Statutes.
b) .- Enjoy any benefit obtained by the Community of Owners.
c) .- To have a voice and vote in General Meetings, to be elected President, Vice President or member of the Board of Directors and be able to examine the accounts.
d) .- To have the right to use the facilities of the Community, gardens, common toilets, swimming pools, etc.). and). – Exercise any other right deriving from these Statutes or from the law.
ARTICLE 14.- OBLIGATIONS OF OWNERS.
14.1.- The obligations of the Owners are:
a) To comply punctually with its obligations of all kinds and especially economic activities in accordance with these Statutes and requirements and decisions of the General Board, the Board of Directors, of the President and Administrator of the Community of Owners. b) Respect the common facilities located materially in their privative element.
c) Keep its exclusive element in good condition, compensating the damages caused by his carelessness or negligence and the of those for whom you must respond, including your tenants of any class.
d) Consent in its exclusive element the repairs required by the maintenance of the common services of private properties, is say, if in a private apartment or common area you are suffering from a
TITLE THIRD
Damage caused by damage from the neighbor’s area, this must allow always access to repair it, even if the work has to be done in his property and not that of the one who suffers the damage. It must also allow in the essential rights of way required for the creation of common services of general interest, with the right to that the Community compensates him for the damages and losses.
e) Allow entry into your private element for the purposes provided in the three previous sections. In case of absence and emergency, the administrator can open the door, having to notify through telegram to the absent.
f) Contribute according to the participation fee to general expenses for the adequate maintenance of the common elements, their services, taxes, burdens and responsibilities, that are not susceptible of individualization and repair and maintenance of the parts visible from the outside, to affect the overall decoration of the urbanization, prohibiting the placement of advertisements, objects or materials and paintings that, in the opinion of the President of the Community or of the General Manager, alter the aesthetics of g) Set of urbanization.
h) Observe the due diligence in the use of the common elements and in relations with other holders, and respond to infractions committed by those who occupy the privative elements.
i) Avoid any damage or alteration to the elements or services of use common, compensating the Community for any damage that may be caused in them by themselves, by people for whom they must respond, or by those to whom they have assigned the use or enjoyment of their property privative by any title.
j) Any future reform in the privative elements, including the change color, when they are visible from the outside, they must be approved previously and expressly by the Board of Directors, by the President or the General Administrator of the Community.
k) The reforms in the privative elements do not have to be submitted to prior authorization, provided they are not visible from the outside, nor affect common or structural elements. In any case, the reform works must be carried out within the hours and dates that the Board of Directors, the President or the Administrator set, in order to provide the least inconvenience and noise to the remaining co-owners.
14.2.- They are prohibited within the perimeter of the set:
1. Industrial activities in general, noisy, annoying, unhealthy or dangerous. By way of example, they are mentioned as objects of banning the use of radio, television, record players, speakers or similar devices on the outside of the property or in its interior with volume that bothers neighbours and third parties in general, very especially after 24 hours when the amount of volume to the minimum possible. Also, the use in apartments of wooden shoes or other objects that bother your special and continued noise to the neighbours and third parties in general.
2. The use of streets or roads for driving motor vehicles with free escape, or for speed competitions or any other employment that may pose danger or inconvenience to residents. The Community may, in this regard, take appropriate measures to limit speeds or prevent the circulation of vehicles that do not comply the appropriate requirements to ensure safety, peace of mind and correct coexistence in the urbanization.
3. The installation of clotheslines visible from the outside, so only can be used folding clotheslines that supported on the ground, are hidden, so that it does not affect the aesthetics of the urbanization.
4. The placement in terraces of lights or external lighting systems, umbrellas or similar, awnings or curtain systems that do not keep uniformity with the color chosen for this purpose by the Board of Directors. In concrete, with respect to awnings and curtain systems, the model authorized is NATURAL SAULEDA 2926.
5. The installation of fixed elements, such as antennas or similar.
6. The laying of clothes and towels on the roofs, as well as on the parapets of each of the privative elements.
7. The cleaning and spread of carpets, bedding, dresses and similar on the outside of the terraces.
8. In order not to alter the architecture of the facade of the building, the enclosure of the terraces can be done through glazing that lack vertical profiles and frames, always limited to the flight of forged from the upper terrace. Therefore, only the lower floors can make the closing in the projection of the flight of the slabs superiors The sheets will be made of fully transparent tempered glass and from one piece of ceiling to floor, maintaining the existing railing.
Any enclosure different from the one defined will need the agreement unanimous opinion of the owners’ meeting, since the façade constitutes an element common, even though the terrace is a private element.
9. The use of common and landscaped or general areas of the Community for picnics or any other use other than your destination.
10. Play and recreation of children in portals, corridors and staircases of buildings
11. The placement of objects, furniture, pots, bicycles, utensils) motifs of ornamentation in the portals, galleries and other areas of common use, without the prior approval of the President or Administrator General of the Community.
12. The placement of garbage bags in the galleries and other areas of common use, including the use of litter bins installed in the landscaped areas to deposit garbage bags. Every Owner has the obligation to follow the instructions set by the board Directive depositing the bags in the place that is designated.
13. The removal of debris produced by the works carried out in the privative elements must be done according to the instructions that in each case dictate the Board of Directors, the President or the General administrator. Under no circumstances may they be deposited on the ground directly, the use of containers being mandatory.
14. The circulation of domestic animals that are not accompanied by person responsible for them. Dogs must always go subject with a leash and provided with a muzzle, the owner of the animal forced to remove the detritus produced by the animal.
15. Storage of flammable materials or products that may represent fire danger.
16. Car wash, both in parking lots and in areas common as well as the use of hydrants for these purposes.
17. The repair of vehicles both in the car parks and in the common areas, with the exception of small repairs that sporadically could occur (V.Gr. tire change,etc.).
18. Placement of ads that have not previously been approved by the Board of Directors, the President or the General Manager of the Community; being in any case prohibited from placing advertisements for sale or rental of properties within the Complex.
19. Alteration of the original ventilation and aspiration system, and in special installation of extraction or ventilation equipment that alter in any way the original condition of said system.
20. The installation of bars, doors and windows that do not keep uniformity with the modality chosen for this purpose by the Board of Directors.
14.3.- As a general principle, all the comuneros must maximize their zeal to avoid how many activities, actions or omissions undermine the excellence, coexistence and good taste that should govern community life in order to maintain the dignity and social status desirable for the urbanization, with obvious benefit for it, and ultimately, for the co-owners that integrate it.
14.4.- In any case the contravention of the rules to which this article refers will give rise to the warning of the offender or commoner who for him must respond and, in the case of recidivism or reiteration, to adopt against the responsible for the measures that in Law proceed.
14. 5.- Given that a level of coexistence is intended according to the category of the whole, the Board of Directors, the President or the General Manager, be expressly empowered to determine, at any time, some rule of special application that was not expressly collected in these statutes. The fulfillment of these obligations and payments will be affect each one of the privative elements.
ARTICLE 15.- MODIFICATIONS. FACILITIES, IMPROVEMENTS AND
PROHIBITIONS
15. 1.- The proprietor of privative elements, will be able to modify the elements architectural features, facilities or services, when it does not impair or alter the security of the property, its general structure, its visual configuration or external state, or damage the rights of another owner, must give account, of such works to the Community Administrator before beginning the same. In the rest of the property you can not make any alteration and, if notice the need for urgent repairs, you must communicate it without delay to the Administrator. The owner and the non-owner occupant prohibited to develop in the exclusive element and in the common elements activities not allowed in the Statutes: harmful, immoral, dangerous, uncomfortable or unhealthy. The infraction will give rise to the warning to the owner or in his case, to the occupant and the pertinent complaint before the competent authority. The proprietors of privative elements of landscaped zones or patios, not may alter the configuration of the same or proceed to the closure of these. Once the requirement has been ignored by the owner or occupants, the President or Administrator may request and judicially obtain the deprivation of the use of the privative element to the owner or occupant. Said deprivation will fix it discretionally the Judge for a term not exceeding two years, attended the the seriousness of the fault, without affecting the remaining proprietary rights and the obligations derived from the title. The President may also act or Administrator against the non-owner occupant to obtain from the Judge the Launch or resolution of the Contract, if applicable, but may only exercise it when the owner did not do so within the prudential period indicated in requirement.
15.2.- When an owner alters the exterior of his property without the mandatory permits from the City Council and the Community, the President and the Administrator will be empowered to file a New Work Restrict and to request the demolition of the illegal work, by judicial means. All the expenses originated will be passed on to the owner who caused them.
15.3.- The floors may be subject to material division to form others reduced or independent, and extended by aggregation of other adjoining or decreased by segregation from somewhere. In such cases, it will be required, In addition to the consent of the affected holders, the approval of the Board of owners, which is the responsibility of setting new quotas for participation for the reformed apartments subject to the provisions of the Law, without alteration of the quotas of the rest.
15. 4.- No owner can demand new facilities, services or improvements not required for the proper conservation and use of the elements privative, according to their rank. When agreements are validly adopted for make innovations that are not required under the previous paragraph and whose share of installation exceeds the amount of a monthly payment, the dissident will not be obliged to pay it or modify its quota, even if it does not can be deprived of the improvement or advantage. In any case, the innovations that make unusable some part of the common elements for the use and enjoyment of an owner will require the consent of the owner. Alterations in structure or factory of the property or in the common elements affect the title constituent and must be subject to the regime established for the modifications of the same. The agreement adopted shall determine the nature of the modification, the alterations that originates in the description of the privative elements, the variation of quotas and the holder or holders of the new ones. The transfer of right to use and enjoy the property, whether by rental or other means legal, will not affect the obligations of the owners.
ARTICLE 16.- OF THE POOLS.
16. 1.- When using and enjoying the pools located in the urbanization, they will have right all the owners of the Urbanization. They can also use them and enjoy their relatives, guests or enants., Although in case of guests and tenants, with the limits set by the Board of Owners.
16.2.- Although the pool and its enclosure are available for use by Continuously, it is between the first week of May and the last week of September when they are in optimal conditions of use. The users should be especially careful with noise during the hours of rest, between 3.30 and 5.00 pm and after 10.00 pm at night.
16.3.- It is necessary to observe the usual norms of morality.
16.4.- The pool can only be used by the owners or usufructuaries of the houses and their guests, as long as they are present and are responsible for their actions.
16.5.- The use of the pool by children under 12 must be guarded by the adults responsible for them. The parents will be responsible for the acts of minors. The community is not made responsible for accidents resulting from the use of the pool by minors of 12 years not accompanied by an adult.
16.6.- The neighbors must remain in the pool enclosure with the suitable footwear.
16.7.- All users must respect the strict hygiene of the pool and its enclosure, establishing itself for the purpose: The use of showers is obligatory installed in the enclosure before entering the pool; The use is prohibited of soap or similar products therein; The use of the swimming pool is forbidden people who have skin infections or open wounds; HE prohibits soiling the pool and its enclosure by throwing food waste there, throwing tobacco butts, bags, pipe shells and the like, as well as introducing the pool and its enclosure glass containers; It is forbidden to eat inside the enclosure from the pool; It is forbidden to introduce any kind of animals.
16.8.- The use of toys, floats, mats, etc. is restricted to Small children. The adults responsible for them will monitor that these do not cause discomfort to the rest of neighbors.
16.9.- Access to the pool enclosure is not allowed for another purpose that does not be the bath and / or sunbathing. It is prohibited to hold parties inside of the pool enclosure (unless they are organized by the community).
16.10.- People who stay in the pool area outside the bathing season they will assume the responsibilities they give rise to and mandatory claims that could arise from administrative, civil
or criminal. The community, as the owner of the facilities, will not respond, in any case, of the damages that may befall the users for the improper use of the facilities.
16. 11.- As a security measure, the access door to the pool enclosure It must be kept closed.
ARTICLE 17.- DETERMINATION OF QUOTAS AND PAYMENT OF THE SAME.
17. 1.- The General Administrator will draw up the annual budget of expenses regarding the common elements of the Community and submit it to the President EIGHT weeks before the General Assembly Ordinary, to later be approved by it.
17.2.- The economic exercises of the Community will begin on 1 January and will close on December 31 of each year. By exception, the first exercise shall start on the day of the formal constitution of the Community, and It will end on the last day of the year in which it is constituted.
17.3.- The budgetary and administrative annuity of the Community will be fixed by majority agreement in the first General Meeting held. The quotas will be distributed in quarterly periods. For fees and expenses extraordinary that are approved in the General Meeting, will be this and in the same who fixes their distribution and issuance of the receipts in attention to the needs of each moment.
17.4.- The contribution of each owner to the expenses of the Community is made on the basis of the budget approved in the Board and in accordance with its participation fee established in the constitutive title. The amount budgeted will be distributed in four quarterly receipts and payable from the date of its issuance in the Community account or in the administration. The receipts issued by each owner will be considered overdue and payable thirty days after their issuance, incurring in arrears those that remain unpaid.
17.5.- This standard will be applicable to all receipts or expenses that issue the community, referred to ordinary or extraordinary expenses, except that the General Meeting agrees on a term different from that previously established, for the payment of certain expenses.
After the set deadline, without having made the payment, automatically The affected owner will be obliged to pay a surcharge of 20% on the nominal amount of the receipt, as compensation for damages and losses to the Community, surcharge that will be demanded in your case, by judicial means together with the main share of the unpaid receipt.
17.6.- The payment of the receipts that have been incurred will be judicially claimed. dwells together with its surcharges, exercising the appropriate legal actions against the debtor owners, and without needing the prior requirement, certification of the agreement of the Board is sufficient, approving the settlement of the debt owed to the Community by the Secretary- Administrator and with the approval of the President. For these purposes, the President to grant powers in favor of attorneys and lawyers who will promote the corresponding trial to claim the credits of the Community. In addition, the debtor will pay the interest, the expenses of fees of Attorneys and Solicitor and the expenses of notification that through notary carry out, which, and once their payment for the Community has been paid, will be charged to the account of the owner who caused them and whose amount, will be considered a common expense for the purposes of its subsequent claim, even by judicial means.
TITLE FOURTH OF THE COMMUNITY GOVERNMENT BODIES
ARTICLE 18.- GOVERNMENT OF THE COMMUNITY.
The President, Vice President and Administrator will not be responsible to the Community for any damages that have not been caused for the negligence of said persons. The Community will assume responsibility assumed by the President, Vice President and Administrator for any damages, expenses and charges incurred in the year of his or her position, unless the injury or damage was caused by manifest negligence of said persons.
ARTICLE 19.- ORGANS OF GOVERNMENT AND MANAGEMENT.
They will be organs of Government of the General Community: a) .- The General Board.
b) .- The Board of Directors.
c) .- The President.
d) .- The Administrator.15
The management of the Community will correspond to the General Manager.
ARTICLE 20.- GENERAL MEETING.
20.1.- The General Meeting will be integrated by all the owners who make up the Community of Owners, being the Supreme Organ of the Community for the management of their interests and rights, as well as in the necessary coordination of the interests and individual rights of the owners
20.2.- The General Meeting of Owners will meet compulsorily in July or August of each year in ordinary session and will deal with the following matters: a) Approval of the minutes of the previous meeting.
b) Report on activities, actions and vicissitudes from the previous Meeting.
c) Report and financial situation.
d) Examination and approval, where appropriate, of the accounts for the fiscal year previous.
e) Approval of the budget of expenses and income for the following year.
f) Election of the President and Vice President, in accordance with the provisions of Article XXV of these Statutes.
g) Election of the 2 Vowels.
h) Appointment or ratification of the General Administrator.
i) Increase or decrease in the ordinary quota and fixing, where appropriate, of extraordinary budgets, when the case requires it.
j) Fixation of amounts to form or increase, as the case may be, a fund of reservation.
k) Any other topic of interest to the Community.
l) Questions and questions.
20.3. The General Board will meet on an extraordinary basis by decision of the President, or when requested by owners who represent 25% of the total of the coefficient or members of the
Board of Directors representing 2/3 of total said Citations for attendance at the Ordinary and Extraordinary Meetings will be taken by the President 15 days before the date on which have to take place, at least. The citation will contain the date, place and time of the first call and indication for the second call, in addition to the Agenda to be discussed.
20.4.- The General Meeting, both Ordinary and Extraordinary, will remain validly constituted on first call, when they attend it and 50% plus 1 of owners are present or represented, which in turn represent the majority of participation fees, and in second call whatever the number of attendees. Assistance to the Board of Owners will be personal or by representation legal or voluntary, sufficient to prove this a written document signed by the owner in which the name of the owner, the property, the date of the Assembly, the date on which the Delegation is signed, the signature of the owner and the name of the person who receives the Delegation. At the beginning of the Meeting, the President will declare under his responsibility that The requirements of section 3 of this article have been met in terms of citation, but will not be responsible for not receiving citations for their recipients. Next we will proceed to the counting of the present owners and if these represent the majority indicated in paragraph 1 of this section, declare the session open, moving to discuss and vote only the matters that appear on the agenda. In the second call no quorum will be required, enough for the validity of the agreements as in the first one, the majority vote of the owners present or represented, who in turn represent the majority of participation fees.
ARTICLE 21.- OF THE AGREEMENTS OF THE GENERAL MEETING.
The resolutions of the General Meeting will be subject to the following rules:
a) For the validity of those involving approval or modification of rules contained in these Statutes will require the unanimity of those present. The proprietors, who duly quoted would not have attended the Meeting, will be notified in a reliable and detailed manner of the agreement adopted by the present, and if within a period of one month, counting from such notification, manifest their discrepancy in the same way, they shall be understood as linked by the agreement, which will not be enforceable until such period expires, except that before they show their agreement.
b) For the validity of the other agreements, the vote of the majority of the total of present or represented owners who, in turn, represent the majority of the participation fees of those present and represented.
c) When the majority could not be achieved by established procedures in the previous sections, the Judge, at the request of a party, will resolve in equity as appropriate.
d) When the owners, who represent at least a quarter of the Participation fees, consider them severely detrimental to the agreement of the majority, they will be able to go to the Judge so that it decides on the origin of the same. The decision of the Judge shall be final and unappealable, without prejudice to the right of the parties to judicially promote the action that could correspond to them
e) Agreements contrary to the Law or to the Statutes will be impugnable before judicial authority by any of the dissident owners, but the agreement will be provisionally executive, unless the judge orders the suspension. The action must be exercised within 30 days after the agreement, or that of his notification if he had been absent the one who will challenge it.
f) The Judge will be competent to hear the questions referred to in the sections c) and d) of the present article, that of Torrevieja.
g) The agreements of each Board of Owners will be reflected in a Book of Minutes, foliate and sealed by the Court or filled out by Notary.
ARTICLE 22.- BOARD OF DIRECTORS.
22.1.- The Board of Owners for the best achievement of their purposes, may constitute a Board of Directors whose members will be appointed or ratified annually.
22.2.- The Board of Directors will be integrated by the President, a Vice President, as well as 2 vowels. The President and Vice President will be in turn from the Board of Directors.
22.3.- Corresponds to the Board of Directors:
a) .- To know and decide on all matters that are proposed by the Administrator or the President, except in matters of exclusive competence of the General Board.
b) .- Approve or reject the proposal to hold a General Meeting Extraordinary except in case of urgency appreciated by the President.
c) .- Approve and fix the agenda of the General Meetings, both ordinary as extraordinary.
d) .- Approval of the organic staff of the Community.
e) .- Exercise the functions of assistance and consultation of the decisions of the President.
f) .- Perform control of the actions of the President, Vice President and Administrator, ensuring compliance with the agreements of the Board of Owners
h.- The agreements of the Board of Directors will be by majority vote.
22. 4.- The Board of Directors will meet when convened by the President, or the half plus one of the members of the same, should be summoned with a minimum of 8 days prior to that in which it must be held. The quorum for decisions it will be three. In the event of a tie, the vote of Quality of the President. All the positions of the Board of Directors, with the exception of Administrator are voluntary and free; its duration will be one year be re-elected indefinitely
ARTICLE 23.- OF THE PRESIDENT.
23. 1.- The President of the Community of Owners, will be appointed, among the owners, by election or subsidiary by rotating or draw. The appointment will be mandatory. Notwithstanding the designated owner may request his relief well to the General Meeting in the same act of his appointment, or the judge within the month following access to the position, invoking the reasons that assist him. The duration of the mandate shall be one year, tacitly renewable for equal periods.
23.2.- The President of the Community, who must always be the owner, will have the following functions:
a) .- Convene and direct the sessions of the General Meetings and Directives with power of command to maintain the order of meetings.
b) .- Ensure the exact compliance of these Statutes and the Ordinances of the community.
c) .- The President will represent the General Community, being able to appear by itself or through the mediation of a lawyer or solicitor, before all kinds of entities public and private entities, State agencies, province or municipality, courts and courts of all kinds and of all kinds, to formulate as many complaints and requests it considers opportune, promoting or opposing any kind of lawsuits, resources and desist or compromise in them.
d) .- Require and receive the accounts of the Administrator presenting the Boards General statements of the past due year and the ordinary budgets and extraordinary events of the following year.
e) .- When the President understands that any agreement of the Board of Directors is contrary to the Statutes or Ordinances, or harmful to the interests of the Community, may temporarily suspend the execution to be again discussed and definitely voted at the next ordinary meeting, or suspend it definitively, summoning the General Meeting at the same time for before a month. f) .- In order to better fulfill its purposes, the President may delegate some of its attributions to third parties, entrusting them with powers necessary.
g) .- The President will also have the functions expressly delegated by the General Meeting or the Board of Directors.
h) .- Likewise, all those that the Laws grant.
i) .- The removal of the President while his mandate subsists corresponds to the General Meeting.
j) .- In case of absence, illness or vacation from the office of President, The Vice-Chairman shall perform his duties and, in the absence thereof, a member in order at older age.
k) .- The President is authorized to appoint attorneys and attorneys and is authorized to initiate lawsuits against debtors when it deems it appropriate.
ARTICLE 24.- OF THE VICE-PRESIDENT.
24.1.- Replace the President in his absence or in case of vacancy thereof, in all the functions and with all the attributes that correspond to it as provided for in these Statutes or in which the Board of Directors itself entrust
24.2.- The Vice President will be elected by the regime established in Article XXV regarding the figure of the President.
ARTICLE 25.- MANAGEMENT OF THE COMMUNITY.
The management of the General Community will be entrusted to an Administrator General to which the competences will be attributed, assistance will be provided and will provide the necessary means for the fulfilment of the functions that has been attributed, with regard to administrative, accounting, secretariat and others.
ARTICLE 26.- OF THE GENERAL ADMINISTRATOR.
26.1.- The functions of the General Administration correspond to the Delegate representation, proposal, execution of agreements, and information, as well such as assistance to the organs of Government of the Community, such as associates that require it.
26.2.- Within the functions of delegated representation corresponds to the General Manager to hold it before all kinds of public bodies and private, administrative and judicial of any degree, order or jurisdiction, individuals, of a civil or commercial nature and this with the faculties that are confer to the effect.
26.3.- Within the proposal functions, it corresponds to the Administrator General:
– Prepare the Plan of Expected Expenses in advance providing the necessary means to deal with them.
– The proposal for the approval of the staff and organizational staff its modifications, when necessary.
26.4.- In his functions of execution corresponds to the General Administrator:
– Execute as many agreements adopted by the governing bodies of the Community. – The budgetary execution integrated by the authorization of collections, the ordering of collections, ordering of payments and rendering of accounts.
– Ensure the good regime of the facilities and services, making these effects, the appropriate warnings and warning to the Headlines.
– Attend to the conservation and entertainment of common elements, arranging the repairs and as for the extraordinary, adopt the urgent measures that may be necessary, giving immediate Count to the President.
– Act in your case as Secretary of the Board of Directors and of the Owners and custody of the documentation available to holders of the community.
– Establish the rules of conduct and appropriate coexistence.
– Sign the necessary contracts for the maintenance or supply of the common elements. – Keep the minute book, register of owners, collections and payments, the accounting, drafting and extending the minutes of the Owners’ Meetings and Director, who will sign with the V.B. of the President.
– Open the current accounts you think necessary in the banks where the owners must enter their quotas and dispose of the funds.
26.5.- Finally, the General Manager will inform and assist both the decision-making bodies and government of the Community, as well as community members and perform any other functions conferred by the Board Directive or Owners or the President.
26.6.- The remuneration of the General Administrator will be determined by the General
Assembly, in accordance with the provisions of the Official College of Property Administrators.
26.7.- All the indicated faculties will be exercised by the General Administrator always under the supervision of the President, whose instructions must continue in the Administrator, except in the case of an issue that has entrusted the Board of Directors or Owners with specific instructions.
FIFTH TITLE OF THE INCOMES
ARTICLE 27.- BANK ACCOUNT.
All economic contributions made by the owners of the community and the other economic means available, will be paid into a bank account, opened in the name of the Community.
ARTICLE 28.- PROVISION OF FUNDS.
To have such account, the Administrator’s signature will be required.
ARTICLE 29.- DESTINATIONS OF THE FUNDS.
29.1.- They may only be used to pay the obligations incurred for the fulfilment of the purposes and expenses of the General Community, of ordinary character, and provided in the budget.
29.2.- Expenses that cannot be considered ordinary and foreseen in the budget, by its nature or amount and that must be done urgently, may be provisionally authorized with the joint signature of the President and Administrator, without prejudice to their subsequent ratification by the Board Directive.
ARTICLE 30.- RESERVE FUND.
The Community must constitute at the moment of setting up a Fund for Reserve by amount, at least 20% of the total of the Ordinary Budget, to take care of the works of conservation and repair of the Urbanization. The ownership of this Fund is for all purposes the Community of Owners, without at any time, any owner can request the refund of the amounts contributed to said fund. The contribution to this be compulsory and shall be treated as any other Community contribution to effects of issuing receipts and claim in case of non-payment. The Community may, with charge to said fund, make repairs necessary for the permanent maintenance of the farm and its facilities general.
TITLE SIXTH DAMAGE – INSURANCE
ARTICLE 31.- RESPONSIBILITY OF THE OWNERS.
The Owners will be responsible to the Community for all damages caused in the common areas by any cause, by the personnel that any title occupies the houses or is at your service.
Likewise, they will be equally responsible to the Community, the assignees industrial or services for all the damages caused by any cause, by itself or by the staff of them dependent. In the same way, the owners of the houses, and assignees of industrial concessions or services will be responsible to others co-owners of the damages caused by any cause or personnel dependent on them or by persons who, for whatever reason, occupy the households.
ARTICLE 32.- PENALTIES.
Failure to comply with the rules established in these Statutes will mean the initiation of an action before the Courts for these determine the responsibility of the offender.
ARTICLE 33.- REALIZATION OF WORKS.
33.1.- To carry out works, a deposit must be made to respond to possible damage to common goods. Once the work is finished and in case of any damage, we will proceed upon their return, and if there were any, they should be repaired by the interested party in the within 7 days of being notified of it. After this period, will proceed to the relevant repairs charged to the aforementioned deposit, without prejudice to demanding the corresponding responsibilities in the case of damages of greater quantity.
33.2.- Only materials will be allowed on the streets for works, always that are properly arranged and allow free transit, in places or areas determined by the Board of Directors, the President or the Administrator General. Debris should always be stored in containers.
ARTICLE 34.- GENERAL INSURANCE.
Without prejudice to the insurance policies that each owner has the right to subscribe at their own expense, the common elements should be insured against fire, catastrophic risks of all kinds, damages to persons, accidents and any other risk, the guarantees being sufficiently broad and adequate to foresee any eventuality or contingency that, in the opinion of the President, it is necessary or advisable to foresee. The premiums and other expenses of these insurance will be charged to the Community.
ARTICLE 35.- DISCREPANCES BETWEEN COMMUNERS OR BETWEEN THESE AND SOME ORGANS OF THE COMMUNITY.
Discrepancies between the community members or between them and any of the bodies of the General Community, will be resolved subject to the Arbitration Law of private law, except in the cases expressly reserved in these Statutes to the jurisdiction of the Court.
ARTICLE 36.- EXTENSION OF THE GENERAL COMMUNITY.
If the Community of Owners is extended, it will be required by those who join it, the acceptance of the Present Statutes and participation in expenses as established previously.
ARTICLE 37.- OF THE PERSONNEL AT THE SERVICE OF THE COMMUNITY.
The personnel that provide services to the General Community will have an obligation to know these Statutes and inform the General Administrator how many anomalies occur with respect to them.
A stickler for rules, as you know me to be, I expect y’all to turn up wearing suitable footwear in the pool-area. Suitable footwear would be cloggs – in my opinion! 🙂