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THE BOUTIQUE THE WEATHER INTERACTIVE CAMPSA GUIDE
The jurisdiction of the condo owners association
by Antonio de Lorenzo
In an apartment building in which the residences are owned by the inhabitants, the Owners Committee is the maximum body because it holds jurisdiction over all areas of the building's operations and decides on major issues. The committee is made up of all the owners of all components of the building, both apartments as well as storefronts, parking spaces and storage rooms.
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Spain's Law on Horizontal Property attributes five main powers to the committee:
1. Naming and firing the people who hold positions in the committee (president, vice president, treasurer, councillors and members), and resolving the complaints that owners of apartments and storefronts may file against former officers of the panel.�
2. Approve the general plan of expenses and income and see to it that accounts are up to date.�
3. Approve the budget and the execution of repair work on the building, either through the ordinary budget or special ones, and relay the urgent measures adopted by the administrator of the property.
4. Approve or revise the statutes and determine the norms of the previous committee.
5. Study and decide on the rest of the issues of general interest for the building, agreeing on measures for the best community service.
Before spelling out the different kinds of majority with which the committee works, it is worthwhile to discuss the quota assigned to each owner. The law stipulates the following criteria for determining how much say each owner when it comes to making decisions, as web as the quota in both benefits and tasks: the usable surface area of each apartment or storefront with respect to that of the whole building; whether it faces the street or not; and the use that is reasonably assumed to be made of common facilities (for example, an elevator is used much more by a fourth-floor resident than one who lives on the ground floor). These percentages should be reflected in the statutes of the Community of Owners.
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Furthermore, not all agreements by the committee of owners require the same degree of acceptance. Depending on how important the subject is, Spanish legislation allows for the following kinds of majority as stipulated in article 17 of the Law on Horizontal Property:
1.�Unanimity. 100%, with no room for interpretation. Unanimity means all owners must agree, without exception. This is required, for example, to modify the community statutes or knock down a wall that is part of the building's structure.
2.�Three-fifths. This kind of majority (60%) is needed to install an elevator, hire or fire a doorman, security guard or other services considered of general interest.
3.�A majority of the owners. a 51% vote is needed to, say, remove an architectural barrier or other object that obstructs access for people with handicaps.
4.A third of the members. Access to regulated telecommunications services requires approval from a third (33%) of the property owners, at the request of one of them. The same percentage is needed to approve installation of energy-saving equipment (solar panels), although the community cannot pass the cost on to people who did not vote in favour. That said, if a resident who votes against changes his or her mind later, they will have to pay what they would have paid at the outset, duly updated, along with the amount of the general interest.

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