Internal rules , pool rules and social club rules.
1. INTERNAL RULES
The Spanish Horizontal Property Law (La Ley de Propriedad Horizontal 1960 and as modified in 1999) applies. These statutes underline and fill in certain paragraphs in the Law. The indicated paragraph numbers refer to the relevant paragraph numbers in the law.
Communication between the Community and the owners
Communication and notification the governing bodies of the Community and the individual owner between should take place by e-mail and by using the message board in the pool area.
If an Owner does not have an e-mail address, notification will take place in accordance with Article 9h.
Owners who sell their property must provide the Community with contact details of the new Owner in accordance with Article 9i. Failing to do so will hold the former owner liable to the community for debts incurred after the transfer.
The community fees cover the expenditure of the Community as decided at the General Meeting.
Community fees are determined by the coefficients for each property (Article 3). The coefficient for each property has been determined by the developer (TM) and are detailed in the document “Obra Nueva”, notarized in 2008 and recorded in the Spanish Property Registry.
Community fees shall be paid four times per year:
• 1st of August,
• 1st of November,
• 1st of February and
• 1st May.
The method of payment should be “Direct Debit” or “Standing Order Transfer”.
Legal action will be taken by the Community against debtors (Article 9e)
Owners who do not have paid their Community fees cannot vote in a General Meetings (Article 16) until the fees are paid in full. Their names will be displayed in the Minutes of Meeting. (Article 15.2)
Annual General Meeting (Article 14, 15 and 16)
The fiscal year shall be from August1st to July 31st
The Annual General Meeting (AGM) shall be held in the period mid October to mid November.
Any Owner who wants a decision to a proposal at the AGM, shall forward the proposal in writing either to the Administrator or the President at least 60 days before the AGM.
The administrator should send a notice including an agenda with all relevant information and proposals to all owners 30 days prior to the date of the AGM.
The agenda shall include the following items according to article 14 and 15 and 16
• Registration of attendees and their shares: Owners with or without right to vote as well as their representatives by proxy. An e-mail shall be regarded as written authorization.
Calculating of participation shares to make sure, that the AGM is able to decide.
• Election of the Chairman of the AGM and 2 vote counters.
• Approval of the Presidents notification of the AGM
• Approval of the Minutes of the previous General Meeting
• Approval of the Presidents Report of the Committee work during the recent fiscal year (enclosed)
• Approval of annual account. (enclosed)
• Approval of budget (enclosed)
• Approval of bids and the carrying out of works on the property. (enclosed if any)
• Information of urgent measures taken by the administrator. (enclosed if any)
• Approval or change of statutes (enclosed if any)
• Approval or change of bylaws for internal management (Internal Rules). (Enclosed if
• Approval of proposals from the Committee and individual Owners (enclosed if any)
• Election of President, Vice President and other Committee members. (names and posts
• Election of Administrator. (name enclosed)
Each property has one vote (Article 15.1) at the General Meeting if the Fee is paid.(Article
Decisions of the General Meeting shall be taken in accordance with Article 17.
Vote requirements include both numbers and shares of owners.
Extraordinary General Meeting (EGM) (Article 16)
An Extraordinary General Meeting (EGM) shall be held when ever decided by the Committee or whenever one quarter of the members of the Community requests it.
The Committee (Article 13)
The Annual General Meeting appoints a Committee which on behalf of the owners will oversee the Communities economical situation, general maintenance of the property as well as repairs and cleaning of the communal facilities (including but not limited to the pool, gardens, fence, gates, lighting) as well as the services of a Community Administrator.
The committee should consist of maximum 7 members as follows: One President, one Vice President, plus five other members.
The Secretary and the Administrator shall be a company or other corporate entity in terms set out by law. The Secretary administrator shall be selected by the President but approved by the GM.
The President and the Vice President should be appointed for one year at the time, the other members may be appointed for two years.
The first time the committee is elected half of the members should be elected for one year and the rest for two years.
The Committee should reflect the owner nationalities.
Maintaining of the property
The Community is obligated to carry out work necessary for the proper upkeep and maintenance of the building and its services to ensure adequate structural, waterproof, habitability, accessibility and safety conditions. (Article 10.1)
The Owners are obliged to maintain the flat and private installations. (Article 9.b)
The Community is obliged to maintain
• All common areas
• All building structures
• All external surfaces
• Installations used by more than 1 private property.
Owners bear the responsibility risk of changes or additions to the original designed house.
Expenses to remove and reinstall additional equipment or constructions in connection with maintenance of the building shall be born by the owner.
Modification of private property (Article 7)
The owner may modify the architecture, installations and services of his flat so long as it does not diminish or alters the safety of the building, its general structure, its form or its exterior condition nor prejudice the rights of another owner.
All other alterations are not allowed without the written consent of the President of the Community.
Internal rules have been decided by the AGM regarding:
Construction Changes in private property
Owner maintenance of private property.
Owner responsibility for damages to the community caused by guests or tenants.
Behaviour in pool area.
1. Rentals, less than 4 weeks in a row by same person / persons shall be considered as Hotel or Pension Operations.
2. For the owner to carry on such an occupation, the owner must have a registered Spanish company, which will pay taxes and other charges. We'll notify the authorities about owners within the Urbanisation who practice occupational rent.
3. The Urbanisation shall have part of the lessor's income because the wear and tear of common is much tougher (pool area). The Fee to the Urbanisation will thereby be higher than what is stated in the contract.
4. If rental is allowed it is always the owner who has full legal responsibility for actions of tenants. Tenants are obliged to read our general and pool rules and understand that these rules are to be followed.
5. The President of our Urbanisation shall receive names and telephone numbers for tenants in a timely fashion prior to their arrival.
6. A loan of property to family, relatives or friends is not regarded as business activities.
7. Owners and tenants are granted access to pool area and social club if payment of Community Fee is in order.
Owners with debts to our community will be announced on the notice board at the pool
entrance with house number and actual debt.
2. APPROVAL OF THE GENERAL RULES , THE POOL RULES AND THE SOCIAL CLUB RULES.
These general rules can be enforced by any of the Owners. If approaching the owner/tenant and the problem still continues the administration office should be contacted to deal with the problem. The committee members are not responsible of enforcing the rules - that is the responsibility of every owner.
1. Our community: The communal elements are to be used according to agreements reached in the Statues, General rules, and the Internal Regulations.
2. Noise: The Owners and other occupants must ensure that a quiet and peaceful life within the urbanization is kept. For this reason, they should avoid any kind of disturbing noise. Radio, TV and any sound reproduction device must be adjusted in such a way that its effect does not go beyond their own property or apartment. It is forbidden by
Spanish Law to make excessive noise that may disturb or distress neighbours between midnight and 0700 hours.
3. Maintenance: Owners are obliged to maintain their property and private installations in good order so that they do not affect the community or the rights of any other owner.
4. Damage: Owners will be held responsible for any damaged caused by their own negligence or the negligence of any person they are responsible for. Consequently Owners are responsible for any damages caused to the community by there guests or tenants. Owners should inform any tenants of all rules and regulations in force.
5. Keep it clean: All owners, guests and tenants are required to assist in keeping the urbanization as well as their own property appearance, clean and tidy. The household rubbish should be deposited in containers provided in the area and the hours of collection..
6. Pets: Owners of dogs, cats or other animals are responsible for their actions and the cleaning up after them in all community areas as well as on the pavements around the community. To assist the Spanish authorities in the control of rabies residents are required not to feed stray cats. Pets must be kept on leash within the urbanization. The pets are not allowed in the Social club and the gym. Naked walking is not allowed in the gym . Only in the sauna area.
The owners or tenants have to clean the place after sauna and shower and switch off the lights and the exhaust fan.Dangerous animals have to wear a muzzle.
7. Children: Every Owner, guest or tenant are responsible for their children and releases the community for any responsibility for possible accidents.
8. Security: For general security the gates to the inside area of the urbanization should always be locked. For your own safety, do keep your entrance door locked from inside when you go to bed.
9. Changes: All exterior changes have to be reported to the president before implementation. Included in external changes are erection of outdoor TV antennas.
If the President does not feel comfortable with a modification or an alteration he will make it a subject for AGM or EGM to decide.
The Committee has already decided that the following changes can be implemented with an authorization of the President:
Awnings must be of the “Granate” colour with stripes - Reference = Casa 61 and 63.
Glassing in of terraces with frameless glass (invisible frames) is allowed.
Terraces are in this sense originally roof covered areas.
3. ADDITIONAL POOL RULES.
The pool rules are for the safety and mutual enjoyment for the users of the pool area:
Swimming pool, Jacuzzi and surrounding garden.
1. The pool will be open from 0700 hours (7.00 am) to 2200 hours.
2. The use of the pool outside of those hours is strictly forbidden and infringement by any person may result in their access to the pool area being denied.
3. Parents please note that you are responsible for the supervision of your children and no child below the age of 12 years are allowed in the pool area without an adult supervision.
4. The pool is for the exclusive use of the owners, guests and tenants residing in the urbanization.
5. The pool is not to be used while cleaning and quality testing is taken place, which, whenever possible will be done outside the pool opening hours.
6. It is obligatory to shower prior to entering into the pool. No soap, shampoo or other such products are to be used when showering. No clothing other than swimwear is to be worn in the pool. Oily sun protections are not allowed in the pool. Naked bathing or sun bathing naked is not allowed in the pool or pool area.
7. No pets are to be admitted in the pool area for health and safety reasons. No glass or metal objects are to be taken in to the pool area and no alcoholic drinks are to be consumed in the pool area. All litter if not brought home must be placed in the refuse bins provided.
8. When the pool is crowded, it is not permitted to take inflatable sun beds, floats or boats or similar into the pool. Exemptions are children’s swimming aids. Inflatable sun beds etc. must not be left in the pool area over night.
9. Children and non-swimmers must be accompanied by an adult swimmer at all times.
10. Children are the total responsibility of their parents and inadequate supervision releases the Community or its insurers for any claims.
11. Due to the confined space, limited depth and pool design it is forbidden to practise any activity that may disturb or endanger other users of the pool such as throwing balls, diving or jumping in the pool.
12. All persons using the pool must obey the rules on the notice board placed in the pool area.