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URBANISATION PRESIDENTS - GOOD OR BAD? PART 2

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Sally Bengtsson / 2010-03-06 11:28:00

The short article we published two weeks ago titled “Urbanisation Presidents Good or Bad”, has been the source of a lot of feedback from you readers.

Your views are quite fairly divided, although perhaps there were more letters in favour of the presidents than against them.  We also had phone calls and visits to the Leader office, in which many of you seemed to want to get your feelings off their chest.

For example, a resident from Villamartin, who has lived in Spain for nine years, has fallen out with the president of the urbanisation where he lives, twice.  The main source of the ill feeling, in this case and the vast majority of the others, appears to be the communal swimming pool.  This resident has checked with his solicitor, and found out that legally the pool should be available for residents to use 24 hours a day.  According to the solicitor times to use the pool are usually agreed at AGMs, but these are generally guidelines and there is some flexibility. 

The neighbours who live near the pool will obviously be disturbed by the noise there more than those who live further away. But if you buy a house near a pool this must be expected, and children cannot be told to “swim in silence” or “not splash”, as was the case in this urbanisation.

The pool rules and regulations at this pool are so  strict that many residents have had their own pool built in their garden, where no one can tell them what they can and can’t do. 

When asked if he had raised these complaints at the meetings, this reader replied that he had but all this had achieved was to raise the shackles of the president and cause her to watch this family’s every move.  It appears that the meetings are not attended by the majority of the residents, and that it is assumed that those who do not attend are happy with the running of things, so it is very hard for changes to be made. 

A Mrs Shipley had a different point of view.  Here is what she had to say; I think Mr. A needs to acquaint himself with the The Law of Horizontal Property (this can be found in English in the book 'You and the Law in Spain' by David Searl). He will discover that most of the rules of his community are actually laid down in Spanish law.

Other private statutes may be added by the community to suit their needs. These would be voted upon at the AGM. Some of the rules Mr. A finds so odious may have been added by the majority of the owners before he joined the community. Usually these rules serve to ensure harmony amongst the community.

She goes on to say, On page 370 of this book there is a very good description of community presidents: 'Sometimes they act in a high-handed manner....... Far more often the president is a civic-minded spirit who is willing to take his turn at handling the problems which arise in any community.......'  I'm pleased to say that the president of the community where I live is of the 'civic-minded' variety. In fact, rather than 'place' himself where there are 'any goings on' he is, more often than not, approached by co-owners to assist when they have a problem.

In fact I am amazed by the types of problems he is called upon to resolve. I'm sure these people did not call on random neighbours for help with every little thing that went wrong in their lives before they moved to Spain. I'm also convinced that a good percentage of them are only too pleased to have someone to pass these problems on to.

In a similar vein T Rogers, the President of Vistamarina Community in La Marina had this to say; I have been President of our Community for the last 3 years, and unfortunately, I have heard of Presidents who think they can do what they like.  Mr A appears to have one of those.

The Presidents role in the community is solely to manage the community, and not to police it. We are bound by the ‘Horizontal Law’, which anyone can see and read. The problem is, that a lot of Presidents are thrown into the job and don’t want it. They do not know the law, or what is expected of them. I try to help our owners a much as possible, because their problems are OUR problems, and we are all in the same boat.

Community fees are worked out by the full cost of running the community, divided by the number of properties. If all properties are the same size, the community fees are the same.  Penalties for unpaid community fees can only be applied if the rule has been passed at an AGM. Solicitors letters should come from the Administrator whose fee is already paid in the Community fees. A good President can save their community thousands, and a well run community can add value to your house.

You have to have rules. The owners make the rules, not the President. Anybody can put a rule forward at the AGM, where it is then a simple majority vote. Disturbingly, Mr A says, ‘ Nobody voices their discontent at meetings for fear of reprisals or animosity’ This is wrong. I encourage all of the owners to voice their opinions, after all it is OUR community.

Last year, in La Marina, we formed a Presidents Association, to help and advise ALL community Presidents in our area, what their role is, and to help them. We have meetings to discuss any issue that someone may bring up, and I have found it very informative.

Mr A has obviously had a bad experience, and if he feels as passionate about it as he sounds, why not call an EGM, or wait for the next AGM, and vote off the current President.  Mr A sounds like he could do a good job.  Most Presidents do a good and thankless job.

Another reader, David Swann from La Marina, had this to say; Mr A is typical of people who like to air their views before finding out  the basics  about his obvious dislike.  As Mr A suggests, a national law, Spain already HAS a "national law"  - "Ley De Propiedad Horizontal" or "Act about Property on Condominium". Most people who buy property in Spain will be members of a Community of Owners, albeit a house or apartment.Even though the tenants will be the freehold owners, there will be common parts: swimming pools, gardens, staircases in some cases private roads which have to be maintained.

I have lived on an Urbanisation for many years, have been president for a number of years & it works very well. In fact one realises that as urbanisations cater for both permanent residents & holidays makers guidance is necessary to make both acceptable. Wherever you are it is very unlikely that all members will agree.

Another letter in favour of the presidents was this one; Firstly, I did not come out here to be President of my Community. I would give it up tomorrow if I could, but I was the first permanent resident of a mainly English speaking Community and was more or less shoed-in to the job. I came to Spain for a quiet life and that is mostly what I get until the holiday season commences.  As a rule Presidents do NOT formulate their own rules and regulations.

The main rules usually revolve around the swimming pool area and are either common sense rules or Spanish Law and are set in conjunction with the Community Administrator. I understand that people on holiday come here to relax and enjoy themselves and do not want to be bound by petty rules and regulations. Most of our properties are owned by people who let them out to holidaymakers who do not use the shower after daubing themselves with suntan oil and then go straight into the pool.

Our pool last year had an unsightly  oily ring above water level and nearly had to be emptied at cost to said owners. I  had a row with a rental person to stop him going down with food and drink in glasses to consume around the pool. Do you think that he would have cleared all the glass if he had broken any or any dropped food? We were surrounded by uncleared land  and the food could have attracted rats.

I had to stop a young boy climbing on top of  the swimming pools railings and diving off, watched by doting parents- yet another row I could do without - I am a petty Hitler. Yes I have made mistakes and been a little bit too overreactive. Spanish Law bans lilos as, in certain circumstances, they can be dangerous and I did attempt it at first, but now I go with the flow.  

However, another reader from Villamartin had a very negative opinion of his president.  He Derek L claims that his urbanisation president is every bit as bad as the one in your story.  Before she became president,she was on the commitee with me,and if there was anything to moan about she would, when people came on holiday, well she was horrible, one of the owners of a property, had the same family hiring his house for 4 years, the president and one of the other commitee told the people who were on holiday to stop their children splashing in the pool, how ridiculous is that, sure to say, that they won’t be coming here again and the man has lost a valuable booking.

When he remonstrated, all he got from el presidente was, 'You dont live here permanantly and there is no splashing in the pool.” It seems to me ,that most of the folk I know out here and who live on an urbanisation have the same problem with jobsworth presidents.  On the other hand I know folk who say their president is nice and any problems ,he or she sort them out 'TACTFULLY'.  I could go on forever, but it makes me feel bitter and twisted and it will put me off playing darts tonight!

Michael Woodings, who has been President of Costa Paraiso 2 in San Miguel de Salinas for six years explains how hard the job of president is.  He says he has held this position for 6 years because none of the other owners are prepared to take the job and the responsibilities that go with it, and believe me there are many. Yes, you are quite right, there are Presidents that act as if the community is theirs, are dictatorial in the way they run the community and probably lack the communication skills needed in dealing with the owners, some of whom are not English speaking and many who do not live in Spain.

The president’s term of office is for one year (unless the existing President is prepared to extend his or her term and is voted in by the community)

If there are no volunteers to take the vacant position the property numbers are drawn out of a hat and that owner (living in Spain or not) is the lucky one to become President. The upside is that it is only for a year, the downside there is no continuity in running the community.

In my humble opinion I can not see how you can, raise a budget (that is, as you know, the amount of money needed to run the community and calculate the community charge that each owner has to pay) without the forward planning with regards to maintenance, pool and cleaning contracts, Insurance, etc.

The community charge is based on the cuota system that is calculated on the amount of square metres of the property plus other criterion - too much info to place in this column.

Without continuity of the President or committee members staying in office for more than a year how can projects be completed it’s much the same as the British government being in power for one year, nothing will be achieved.

As regards to cuotas, surcharges, threatening letters, solicitors’ letters and charges, unfortunately this is an area too complicated to cover in this letter.

I make this offer to you Mr A, come and see me, have a cup of tea and I will be happy to explain the position of president, the work it involves, the problems of cash flow and of debtors. Afterwards you may (I hope) have a different view of presidents in general. No doubt before the ink has dried on this news print there will be Presidents racing to their key boards only too willing to point out my errors. I don’t profess to be an expert on the subject.

Any information I have gained over the last six years has been through trial and error, (mostly the latter) and of course my ‘bible’. One final point: you stated & I quote’ Nobody voices their discontent at meeting for fear of reprisals’. No, the word that comes to my mind is apathy and the only fear is the finger that may point at them, No, not telling them they have won the lottery, but giving them the good news that they will be the president for the ensuing year.

I think it’s time I stopped before I fill up the paper. I now only have to wait for the hate mail to arrive.