«Ghost» homeowner communities and tourist licences: when the community does not exist
A surprising number of small buildings in Andalusia have no formally constituted homeowners' community: the deeds were registered, but the community never met, never appointed a president, never approved statutes. When the holder wants a tourist licence or NRUA and there is a need for a community agreement, the problem appears: who acts on behalf of the community that does not exist?
Practical solutions
- Convene the first formal meeting: any owner can call a meeting under Article 16 LPH.
- Approve statutes if there are none: with the majorities of Article 17 LPH.
- Appoint president and secretary: indispensable for representation purposes.
- Approve the tourist activity: with the qualified quorum of Article 17.12 LPH (if needed).
- Document the meeting: meeting record, attendance and quorum.
Particularly difficult cases
- Owners not located: notify by published edicts.
- Owners abroad: notify via certified mail with confirmation of receipt.
- Heirs not yet accepted: identify hereditary community.
Inactive community blocking your VUT?
SALAMA LEGAL SLP convenes the meeting and documents the agreement.
FAQ
Who calls the meeting?
Any owner may call it under Article 16 LPH.
What if owners are not located?
Notification by edicts in the building's public notice board.