No, they do not in general terms. Unless the owner’s communities are registered and the owners agree to accept the statutes, their rules may not be legally obligatory. However, specifically in what refers to the fees for maintenance of common areas & services, the Spanish courts have repeatedly ruled in favour of the right to collect such fees and their enforceability even in cases of unregistered community of owners. Whatever the case, a community without a properly registered status & legally accepted bylaw is always a latent juridical problem the owners will sooner or later need to amend through a lawyer.
Yes, you are, since the law says the expenses will be deemed as general even if they are not imputable to one or various properties within the community, nor shall the non-usage of a facility bring exemption from the fulfilment of the maintenance obligations. However, you may want to have a look at the community’s bylaws and/or approved rules or decisions of the Owners General Meetings in the past, as these could have validly changed such general rule.
Yes, you can, but only if you have the approval of the Owners General Meeting.
If it is seriously detrimental for your interests and you can also bring together 25 % of the owners and shares, the Law allows you to claim at the court in order that the decision is annulled even if it was validly voted by the majority. Ask us to tell you how.
Yes, they can affect a new owner since there is a legal right in favour of the Owner’s condominium entity by means of which any property owner is responsible for debts of community expenses. However this responsability only concerns the new owner regarding unpaid debts arising just on the whole current year and the previous one.
You should ask the President of the Condominium to let you see the Minutes Book containing the official reccord of any year’s Annual General Meeting of the Community. This Book is an official document that must be included in the community’s documentation in all cases.
Yes it does. Any property owner must allow workmen to enter their property if and when it is necessary for repairs and maintenance of the building’s common areas and services.
Yes, you can. At the end of the meeting, and normally after all the agenda items are dealt with, there must be a turn for questions and any other subject not included on the agenda.