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| CHAPTER ONE |
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| THE PURPOSE OF THE COMMUNITY |
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There has been established a Community of Owners of the plots and houses and communal areas of the urbanization known as Casas del Sol, Playa Blanca in the Municipality of Yaiza, Lanzarote.
The Community shall be known as the Community of Owners of Casas del Sol and shall be governed by the Law of Horizontal Property of 1960 and it's subsequent amendments and by the following Statutes: |
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 ARTICLE ONE (Objectives) |
| The Community shall have as it's objectives the administration, conservation, security and improvement of the communal areas of the urbanization known as Casas del Sol, Playa Blanca, Lanzarote, the care of the common interests of the members of the Community and the promotion of their enjoyment of the urbanization. |
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| ARTICLE TWO (Registered address) |
| The registered address of the community shall be Urbanization Casas del Sol, Avda. de Canarias s/n Playa Blanca, Yaiza, Lanzarote. |
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| CHAPTER TWO |
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| MEMBERSHIP OF THE COMMUNITY |
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| ARTICLE THREE (Membership of the Community) |
Membership of the Community shall be an obligation and a right of every owner of a property on the urbanization. Ownership shall be defined as commencing either at the moment of signing a public deed of purchase of a property on the urbanization, or upon the signature of a private contract of sale for a property on the urbanization, at the decision of the vendor.
It is the responsibility of the vendor to notify the Community of the change of ownerships of a property and the transfer of the right and obligation of membership to the new owner, providing the community with the name and address of the new owner and to inform the purchaser of his obligations and rights as a member of the Community.
It is the responsibility of the purchaser to confirm that the previous owner has paid all amounts outstanding and due to the Community upon the date of sale, requiring for this purpose a certificate from the Community. |
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| ARTICLE FOUR (Obligations of membership) |
| Membership of the community obliges the member to comply with the Statutes of the Community and also with the internal rules. Copies of the Statutes and bye-laws of the Community shall be provided to every member in either Spanish, English, German of Norwegian, as requested by the member, or any other language as decided by the Management Committee of the Community. In any question of interpretation, the Spanish version of these Statutes shall prevail. |
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| ARTICLE FIVE (Address of member) |
| For the purpose of notification, it is the obligation of every member to provide the Community with an address for the receipt of post, which may be in any Country of the member's choice, and also an address in Spain, and these addresses shall be kept in a Register of Members at the registered address of the Community. |
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| ARTICLE SIX (Right to vote) |
| Membership of the Community accords to the property owner the right to vote in meetings of the Community, whenever he/she is up to date with the corresponding payments to the Community, on the contrary he/she cannot exercise his/her right to vote, with one vote being assigned to each property, but with each vote being given the value according to the owners quota, as specified by the Law of Horizontal Property of 1960 and it's amendments. In the case of joint ownership, the joint owners shall decide between themselves which of them shall have the right to vote, but in case of any dispute between the joint owners this right shall belong to the first named owner in the Public Deed of Purchase or in the private contract of purchase, whichever document has been designated as transferring the ownership of the property. |
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| ARTICLE SEVEN (Community fees) |
Membership of the Community obliges the members to contribute towards the costs of the management of the communal parts of the urbanization, in accordance with the budget accepted by the members of the Community and in proportion to the owners quota of participation in the communal property of the urbanization. Non-payment of the quotas shall render the owner liable to the actions and penalties as described in the Law of Horizontal Property of 21st July, 1960 and it's subsequent modifications.
The payment of the quotas or fees of members shall be made in the following way:
Before the 15th January of each year, every member shall pay, in advance, 50% of the total year being the amount based on the previous year's fee. The remaining part must be paid after the members are informed of the amount of fees decided at the Annual General Meeting, which is held in March of each year, and in any case has to be done before the end of May. To fees paid after the finalization of the terms mentioned above, an interest of 2% commenced month shall be added.
Unpaid fees or other debts due to the Community are the liability of the member of the Community and not of the tenant, or any other person occupying the premises.
If after three months owners do not pay their debts to the Community, the same will take procedures against the owners of the property in the form specified in the Law of recovery of debts. Costs in court thereby will be added to the debt due. |
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| ARTICLE EIGHT (Quotas of participation) |
| The quotas of participation in the communal property are accorded to each owner according to the list which is attached to these Statutes. The quota of participation is inseparable from the ownership of the property to which the quota is attached and can only be held jointly with that property. |
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| CHAPTER THREE |
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| MANAGEMENT OF THE COMMUNITY |
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| ARTICLE NINE (Powers of General Meetings) |
The community is covered by the Ordinary and Extraordinary General Meetings of Owners, which have the following powers:
a) To approve the changes to the present Statutes by unanimous vote.
b) To appoint or remove the President, Secretary and Administration Committee or Administrator of the Community.
c) To approve the appointment of an Administrative assistant to the Administration Committee.
d) To approve the budget and the accounting for the Community.
e) To approve any extraordinary works and the financing of them.
f) To approve by unanimous vote any projects for new construction or alteration of the existing constructions.
g) To approve by unanimous vote any subdivisions and/or new groupings of the plots forming part of the constitution of the Community and the establishment of new quotas of participation in the Community.
h) To approve and amend the internal rules of the Community.
i) To decide on all other matters of general concern to the members of the Community. |
The Owners Annual General Meeting shall be held on the Tuesday before Easter Sunday, if that shall be in March, otherwise, the last Tuesday in March of each year. |
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| ARTICLE TEN (Management Committee, officers and staff) |
The Community shall be managed by a committee elected by the members of the Community to be known as the Management Committee and these shall be the President, who shall be elected from amongst the membership of the Community, the Secretary, who shall also be a member of the Community and the Administration committee comprising of three people who shall jointly fulfil the role of Administrator and who must all be members of the Community. Two members of the this Administration committee shall be responsible for translating the business of the Community into such languages as the Committee shall find necessary.
By agreement of the majority of Owners, the Administration committee can be changed for a sole administrator.
The Community shall also have the right to appoint a professional administrative assistant to the Committee, who is not required to be a member of the Community, but may be chosen from amongst the membership. This administrative assistant shall not be a member of the Management Committee.
In accordance with the Law, any or all of these officials may receive payment for carrying out their functions as committee members or assistant to the committee, as decided by a General Meeting of the members with the consent of votes representing more than 50% of the quotas of the Community.
Each elected officer shall serve for a period of two years, with the exception that at the First Annual General Meeting of the Community, the officers elected as President of the Community, Chairman of the Administration committee and one member of the Administration committee shall serve for one year only.
The assistant to the Administration committee shall be a self employed person and appointed on an annual contract subject to the approval of a General Owners Meeting.
A candidate for office on the Management Committee of the Community or Committee of Administration may offer himself for election on three consecutive occasions,
making a maximum term of six years
Nominations for election to the Management Committee or the Administration committee must be notified in writing to the President of the Community at least two calendar months before the date of the Annual General Meeting, with the nominations signed by two members of the Community, unless at the date of the meeting no nomination has been made for a position which is vacant, in which case nominations may be made from the floor of the meeting by at least two of the members acting in unison. |
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| ARTICLE ELEVEN (Quorums and voting at Meetings - including proxy voting) |
Apart from those matters which by Law require the unanimous vote of all members of the Community for their approval, voting in General Meetings shall be as follows:
If the meeting is held as the first calling with a quorum consisting of more than 50% of members present or represented and representing more than 50% of the quotas, decisions shall be approved by a simple majority of the members present or represented provided that this majority represents more than one half of the owners quotas. If the meeting shall be called at the second convocation that quorum is not necessary. Decisions may be approved by the vote of the majority of those attending or represented at the meeting, provided that such votes represent more than 50% of the quotas of those members present or represented.
A member of the Community may, as specified by the Law, delegate his vote to any other person if this done in writing on the form supplied to him by the President when he is notified of the meeting, or by special authorised Power of Attorney. |
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| ARTICLE TWELVE (Responsibilities of President) |
The responsibilities of the President of the Community shall include:
The legal representation of the Community in all matters.
The calling of General Meetings.
The chairing of General Meetings.
And any other established by the Law.
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The President must be a member of the Community and shall be elected for a period of two years with the exception of the election of the first President of the Community who shall be elected for one year. |
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| ARTICLE THIRTEEN (Responsibilities of Secretary) |
The responsibilities of the Secretary shall include:
Recording the attendance at General Meetings.
Recording the votes made at General Meetings and the quotas represented by those votes.
Keeping the minutes of all General Meetings of the Community in the required manner.
Keeping the minutes of the meetings of the Management Committee in the required manner.
Keeping a register of the names and addresses of all members of the Community.
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The Secretary must be a member of the Community and shall be elected for a period of two years. |
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| ARTICLE FOURTEEN (Responsibilities of the Administration Committee) |
The responsibilities of the Administration Committee shall include:
The administration of the common property of the members of the Community as directed by the decisions of the General Meeting.
The preparation of the annual budget for the administration of the Community and the communal property of the members.
The preparation of the annual accounts of the Community.
The collection of the quotas payable by the members of the Community.
Making of payments in the name of the Community as authorised by the Owners General Meeting.
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The members of the Administration committee must be members of the Community and are elected for a period of two years, with the exception of the first election of members where the Chairman and one other member shall be elected for one year. |
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| CHAPTER FOUR |
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| PROCEDURE FOR THE CALLING OF ORDINARY GENERAL MEETINGS |
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| ARTICLE FIFTEEN (Calling of Ordinary General Meetings) |
An Ordinary General Meeting of the Community shall be called once a year on the date specified by these Statutes.
The President shall advise members of the date, place and time of the first and second callings of a General Meeting with two weeks notice, sending the advice to the Owners address in Spain and in their own Country according to the register maintained by the Secretary of the Community. This notification shall include the Agenda of the meeting and if possible, the President's annual report, the annual accounts and the proposed budget for the coming year. The agenda shall always show clearly the topics to be discussed at the meeting. |
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| ARTICLE SIXTEEN (Calling of Extraordinary General Meetings) |
| The President may call Extraordinary General Meetings at other times always giving members two weeks notice of the meeting, specifying the date, place and time of the first and second callings and enclosing the agenda for the meeting with the notice sent. Notice of the meeting must be sent to the Owners addresses in Spain and in their own country according to the Register of Members. The agenda shall always show clearly the topics to be discussed at the meeting. |
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| ARTICLE SEVENTEEN (Request to call Extraordinary General Meeting) |
| The members of the Community may request that the President call an Extraordinary General Meeting always provided that those members making the request represent either 25% of the members or 25% of the quotas of participation. The calling of the meeting shall be as specified in Article Sixteen of these statutes. |
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| ARTICLE EIGHTEEN (Failure to call Extraordinary General Meeting) |
| If the President fails to call such a meeting at the request of the members or is not available so to do within two weeks of the request being made, the members may call the meeting themselves in his absence. |
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| ARTICLE NINETEEN (Languages to be used) |
| Meetings of the Community shall be conducted in English but always if necessary in the presence of a translator who can interpret the Community business into Scandinavian or German languages as requested by the members in accordance with these Statutes. Four or more members of the Community may request the presence of a translator to interpret the Community business into their own language, as long as this is requested at least one week in advance. The Statutes and the Internal Rules of the Community will also be given to the Owners in the language of their choice. The book of the Minutes for the Community will be written up in Spanish and in the event of any dispute this language will prevail. |
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| ARTICLE TWENTY (Auditor) |
| The Annual General Meeting shall be held in March of each year and shall elect an auditor for the Community accounts, whose duties will be to audit the accounts for past the year. The accounts to be presented at the meeting will always be audited. The auditor will not be a member of the Administration Committee. |
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| ARTICLE TWENTY ONE (Bank account) |
All funds of the Community shall be kept in the bank account open in the name of the Community. The signatures of all members of the Management and Administration Committee will be authorised on this account together with one assistant of the Administration Committee.
To withdraw money, the signature of any member of the Management or Administration Committee together with the Assistant of the Administration Committee will be needed. |
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| ARTICLE TWENTY TWO (Distribution of Minutes and appeals against decisions made) |
The decisions taken in Ordinary or Extraordinary General Meetings must be notified to those members who were not able to attend and were not represented, by sending the minutes of the meetings and explanations of the decisions to their addresses according to the Register of Members, in Spain and in their own country either handed over personally or by fax, receiving must be obtained, or via registered post, in the event that the intention of notification to the owner is not possible, the notification must be exposed on the information board of the Community with expressive care of the date and the reason, why to proceed in this way with the notification and must be signed by the Secretary.
A Member disagreeing with a decision that has been unanimously reached in accordance with the Law, has thirty days from the receipt of such notification to advise the Community of their disagreement, otherwise it will be assumed that they are in agreement with such decision, and the decision is binding upon them.
Any action dependant upon such a decision must not be taken until this period of thirty days has expired. |
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| ARTICLE TWENTY THREE (Inappropriate use of property) |
| It is strictly forbidden for the Owners, tenants, or any other person occupying the property in any manner to destine them into consulting rooms of clinics for contagious illnesses or viruses or any other kind of interest that could affect the hygiene and safety of the neighbourhood in any general or immoral manner that would disturb the peace and tranquillity of normal life, use or enjoyment by the occupants of the apartments, to install machinery not for the normal use in the apartments and to occupy, even if this is only temporary, with provisional constructions or materials, furniture of any kind, the terraces, passages and any other place of communal use. Generally any use which involves the installation of a business or office is forbidden. |
