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Statutes of Agrupada X

INDEX

CHAPTER ONEGeneral Clauses
CHAPTER TWOCommunity expenses and charges.
CHAPTER THREERepresentation and administration
Section 1.Owners meeting
Section 2.President and Secretary
Section 3.Administrator
CHAPTER FOURBooks
CHAPTER FIVEFinal Clauses

CHAPTER I. - GENERAL CLAUSES

ARTICLE ONE The following statutes govern the community of AGRUPADA X situated in the City Tourist Park of Nueva Andalucia being obligatory for the present and future owners, as long as they are not changed by the meeting of co-owners according to the rules already approved, or in its case, by the current clauses.

ARTICLE TWO The community will be formed by the owners of the business premises and apartments, and their participation in the same will be equivalent to the assigned quota of their respective property.

ARTICLE THREE The apartments will have to be designated only for living accommodation and it is forbidden for the owner or occupier to have any activities that would prove damaging to the property, dangerous, inconvenient, or that would go against order, morals, or good principles. Nor can be set up any business, industry or trades which, owing to their particular characteristics, would lower the value and standard of the estate.

ARTICLE FOUR The owners who wish to use their apartments for other than living or private office activities related to the occupier's profession, will have to be authorised by a majority vote from the owners who represent more than half of the quota.

ARTICLE FIVE The apartments and commercial premises may not be used for any kind of medical clinic or consulting rooms, for illegal or immoral purposes, and in general for any other use that would trouble the peace, quietness or silence necessary for the co owners tranquillity.

ARTICLE SIX In the case of transfer of an apartment or business premises, the owners of the other properties do not have preference in purchasing it or the right to refuse the new purchaser.

ARTICLE SEVEN Whatever has not been provided for in these Statutes will be submitted to the Law of Horizontal Property, Civil Code and other legal clauses in force.

ARTICLE EIGHT Every owner will be able, at his expense, to modify the architectural structure, installations and services that are inside his apartment or commercial premises, as long as it does not affect either the community or the private property of others, or the security of the building, its general structure, its outline or appearance.
It is absolutely forbidden by the present Statutes to convert the ground floor premises, which figure in the first Title Deed as living accommodation only, into commercial premises or offices.
All the dwellings which figure as such on the plans and projects approved by the official bodies and which had been converted into commercial premises or offices before the approval of these Statutes by the meeting, will have to be re-converted back to their orginal state if that is the wish of the majority of owners. The owners who wish to alter any structure of the building, plants or gardens, must previously ask for authorisation from the President of the community and make those alterations under the supervision of official architects.
Outside his private property no owner may alter anything and if he thinks that there is a need to repair anything in the rest of the building he must inform the Administrator who will see, if necessary, that this is done or put for approval to the meeting if the repair goes beyond his competance.
When the repairs or changes in the private houses affect the common elements or the outside of the building, they will have to be authorised by the Owners Meeting.

ARTICLE NINE All the repairs that need to be done in the building because of damages, obstructions or bad usage of the installations, channelization and services must be paid by the owner or tenant. This also applies to damage that may arise because of his or her behaviour in the properties of the other co-owners.

RTICLE TEN The owners of apartments or business premises that have a terrace or balcony alongside and who enjoy these for their own use, must pay for the upkeep or repair of these, although they are inside the community.

ARTICLE ELEVEN The installations, services or improvements that the owners may wish to introduce into the building and which are not at all necessary for the upkeep and habitability, may never be demanded by the owners.

ARTICLE TWELVE Each owner will have the following obligations:

  1. Respect of the general installation, or those which serve another owner, in his apartment or business premises.
  2. Keep in good condition his own apartment or business premises, and at his expense make the repairs which, if not carried out, would prejudice the community or the other co-owners. In case this is not done he will indemnify the damages he might cause by his carelessness or negligence of persons for whom he responds.
  3. Accept that in his apartment the repairs are carried out necessary for the service of the building and permit in his property the creation of services of general interest, agreed upon four/fifths of the owners. He has the right that the community indemnifies him the damages and prejudices.
  4. Allow the entrance to his apartment or business premises to the effects foreseen in the previous paragraphs, and in order to control the general installations and services.
  5. Contribute, according to the participation quota mentioned in the Title Deed or especially established, to the general cost for the adequate upkeep of the building and its service, charges, taxes and responsibilities which are not susceptible to the individual.
  6. Observe the rules necessary for the usage of the building and his relationship with the other owners, and respond before them the offences occurred by the person who occupies his apartment, without prejudice of the direct responsibilities and actions which might occur.

ARTICLE THIRTEEN It is completely forbidden by these Statutes to install motors or machines that are not part of the usual home and professional service, although they may be temporary, in the hallway, stairway or other common parts, neither provisional constructions nor any other object.

CHAPTER II - COMMUNITY EXPENSES AND CHARGES

ARTICLE FOURTEEN The expenses that occur for repair, improvement and conservation of the common parts of the house, the upkeep of the common services as well as taxes incurred for the entire building, must be paid by the owners according to their respective quota. In order to face the cost of the community, the co-owners will pay a half yearly quota in respect to the cost-estimate and their particular quota, which must be paid within the first ten days of every six months.

ARTICLE FIFTEEN The amounts which the co-owners do not pay within the fixed terms will carry an obligatory surcharge on the outstanding sum of 6% per year to the favour of the community

ARTICLE SIXTEEN The building will be insured against fire, hazard and catastrophes, lighning or other natural phenomenons, as well as gas apparatus or motor explosions and public liability, that is either the block as a whole or by dwellings or business premises individually. As norm for the establishment of the premium serves the total value of the building or of each apartment or business premises.

CHAPTER III - REPRESENTATION AND ADMINISTRATION

ARTICLE SEVENTEEN The Community will be ruled:

  1. By the meeting of owner.
  2. By a President and a Secretary.
  3. By an Administrator.

Section 1 - Meeting of owners

ARTICLE EIGHTEEN It represents the community and its agreements, as long as these have been legally approved, binding all the owners.

ARTICLE NINETEEN To the meeting corresponds:

  1. Nominate and dismiss the persons who hold the position of President, Secretary and Administrator as well as resolving the complaints that the owners form against their acts.
  2. Approve the forecast profits and expenses plan as well as the final clearing presented by the administrator.
  3. Approve the carrying out of extraordinary and improvement works, as well as collecting the funds for these purposes.
  4. Reform the present Statutes as well as re-adapt the rules of interior adminstration.
  5. To know and decide in all the other matters of general interest for the community, as well as to take the necesssary or convenient measures for the improvement in the service.
  6. The committee meeting must meet once per year and on all other occasions that the Chairman deems necessary, or the owners that represent at least 25% of the participating quota, and they must fulfill the rules of all the meetings, such as convocate the assistance and representation in the legal way established.

ARTICLE TWENTY Each owner will have only one vote per apartment or business premises.

ARTICLE TWENTY ONE The agreements of the meeting must submit to the following:

  1. There must be unanimous agreement to be able to change any article which is in the constitutive register or in the Statutes. The absent members will be notified of the decisions and if within one month they do not express their nonconformity, then the decisions will be passed.
  2. For the other agreements a vote of the majority of the owners with the quota participation will he enough. If the majority vote cannot be reached because of the absence of some of the owners then the decison reached will be approved by the quota participation who assist in the meeting.

Section 2 - President and Secretary

ARTICLE TWENTY TWO The President will have the representation of the community in sense or out of it, will be the chairman of the meeting and lead the debates. The Secretary will perform is his duty and will occupy the post of Chairman in the case of his absence. Both Chairman and Secretary will be nominated every year and could be re-elected without limitation.

Section 3 - Administrator

ARTICLE TWENTY THREE This said duty could be taken by any person who does not belong to the community and will be for an unlimited time, for revoke or in good will of the meeting, said duty being remunerative.

ARTICLE TWENTY EOUR To the administrator appertains:

  1. Care for the good order of the estate, its installations and services, and informing the owners.
  2. Prepare and propose to the meeting the foreseen expenses and suggest the necessary measures to affront them.
  3. Keep and care for the premises, fixing the ordinary repairs and when there are some extra, take the necessary measures and put to the knowledge of the meeting.
  4. Fulfill the normal payments and bring into being the quotas.
  5. Carry out the agreements that have been adopted as far as works are concerned.
  6. Acting as secretary in his case, keeping custody of the commuity documents.
  7. Any other power that is given to him by the meeting.

CHAPTER IV - BOOKS

ARTICLE TWENTY FIVE The community will have a minute book plus those which are considered convenient.

CHAPTER V - FINAL CLAUSES

ARTICLE TWENTY SIX The present Statutes will be written in the minutes book.

ARTICLE TWENTY SEVEN The system of Horizontal Property will become extinguished by the clauses fixed within the law.

ARTICLE TWENTY EIGHT Are competent to know all the questions that may arise from the Horizontal Property over the premises referred to by the present Statues, the judges, courts and authorities of Marbella.

ARTICLE TWENTY NINE The owners of the premises are obliged to form part of the community association of owners that will be established from the estate that forms the present premises, to keep in order the urban services with the rights and obligations fixed by the rules that have been approved by the competent urban authorities.

This document was last updated 12 November 2022


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