| Article 1. |
| The community is hereby established in the name of “COMMUNITY OF OWNERS MONTE PARAISO” and members are bound by the Articles of the Constitution. |
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| Article 2. |
It is hereby established that all members of the Community of Owners Monte Paraiso are subject to:
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| 1. | The Statutes of the Collaborating Urbanistic Entity Sitio de Calahonda (The C.U.E. Sitio de Calahonda) and |
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| 2. | The Horizontal Property Act 8/1999 and other Common Civil Laws which will apply supplementary to the aforementioned regulations. |
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| Article 3. |
| Each unit owner shall have: a) absolute ownership of a space sufficiently delineated, intended for his sole use and enjoyment, together with the architectural elements and fixtures of any kind, whether apparent or not, included within its boundaries and for the exclusive use of the unit owner, and with appurtenances specifically set forth in the master deed, including those located outside the delineated space; and b) co-ownership, in conjunction with the other unit owners, of the common elements, belongings and facilities. |
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| Article 4. |
| Co-owners of a property must designate one person to represent them in the Community, responding jointly for all the obligations resulting from their situation within the Community. |
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| Article 5. |
| 1. | For the purpose of ensuring observation of these Articles and applicable legislation and of commencing the necessary actions to ensure compliance with such legislation, each owner is obliged to inform the Community Secretary by means which ensures acknowledgement of receipt, of the address in Spain for summons and notifications of any kind related to the Community. |
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| 2. | In the event that this information is not given the valid address for the summons and notifications will be the property within the Community which appears under the name of the owner: |
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| 3. | If the summons or notification to the owner at the address established in the previous paragraphs cannot be delivered, this communication will be displayed on the notice board in the “Post Caseta”, including detail’s of date and reasons for proceeding in this manner, signed by the Community Secretary and with the approval of the President. The Communication so displayed will be legally binding after three days. |
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| 4. | An additional ‘courtesy copy’ of the summons or notification will be sent to the address notified in writing by the owner to the Administrator. |
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| Article 6. |
| Owners who, at the time a General Meeting is called to order, are not up to date with the payment of debts to the Community and who have not judicially contested the same or proceeded to deposit judicially or before a notary the total debt, or who have not signed an agreement with the Community to settle the debt will be able to participate in the debates but will not have the right of voting. The Minutes of the General Meeting will show the names of all owners suspended of their right to vote, and neither the persons or their participating quota in the Community will be considered within the majorities required by the Constitution. |
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| Article 7. |
| If an owner of a property disposes of his property, totally or in part, or grants a participation in the same to third parties, he is obliged to inform the Secretary of the Community, by any means which permit the acknowledgement of receipt, about the property and in case this obligation is unfulfilled he will be responsible jointly with the new owner for any debts to the Community Which became due after transfer, without prejudice of the right to claim against the new owner. In the case of inheritance, the heirs will necessarily be subject to the obligations of the owner in accordance with the Constitution. |
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| Article 8. |
The Community of Owners Monte Paraiso will be governed by the following bodies:
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| 1. | The Annual General Meeting |
| 2. | The Board of Management |
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The members of the Community, constituted as a General Meeting, will decide by majority vote, using those votes to which they are entitled, matters within the competence of this Social body. All owners, including those who disagree and those who have not taken part in the meeting, shall be subject to the agreements reached. The Annual General Meeting, legally constituted, forms the supreme body responsible for the representation, management and administration of the Community.
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| Article 9. |
| Ordinary General Meetings will be held once a year, in OCTOBER, and extraordinary General Meetings when considered necessary by the Board of Management, or when requested in writing by members who together own at least 17 of the 67 properties. |
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| Article 10. |
| The agenda for the Annual General Meeting will be draw up by the Board of Management. Proposals and suggestions of members, if they are to be included in the agenda of the General Meeting, must be presented to the Board of Management at least 20 days before the date set for the General Meeting. |
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| Article 11. |
The Annual Meeting is empowered to:
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| 1. | Represent the Community of Owners Monte Paraiso without any limitations whatsoever. |
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| 2. | Modify the bye-laws |
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| 3. | Approve the Report and the accounts of each fiscal period as well as the budget for the following year as proposed be the Board of Management |
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| 4. | Approve the obligatory assignment of extraordinary fees for expenses of that nature and |
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| 5. | Take care of any other business which this Constitution does not reserve for any other Community body |
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| Article 12. |
The Annual General Meeting will elect a President, and may elect a Vice-President and a Treasurer. An elected Vice-president is empowered to perform the duties of the President in his absence.
The owners of each of the following groups of properties shall elect from amongst themselves at the Annual General Meeting their group representative.
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| Group | Property Nos. |
| A | 1a & 1 - 15 |
| B | 16 - 21 |
| C | 22 - 30 |
| D | 31 - 42 |
| E | 43 - 51 |
| F | 52 - 56 |
| G | 57 - 66 |
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In the event that the Annual General Meeting fails to elect a representative for any group the representation of that group will be deemed to be vested in the President.
The foregoing positions are honorary and unpaid and constitute the Board of Management.
The Board of Management will appoint a Secretary/Administrator.
The Annual General Meeting may appoint an Auditor.
The members of the Board of Management must of necessity be members of the Community of Owners Monte Paraiso.
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| Article 13. |
The President will have the following powers:
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| 1. | To convoke, preside over, suspend, and close the sessions of the General Meeting and of the Board of Management, to direct deliberations and to cast a tie-breaking vote. |
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| 2. | To represent the Community of Owners in every kind of legal negotiation, reclamations, actions, legal or other disputes, in every kind of legal and administrative procedure, with the right to grant authority or powers for carrying out said representation in general, in legal or other proceedings. |
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| Article 14. |
| The Board of Management will set the remuneration of the Secretary/Administrator. |
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| Article 15. |
| The initiative for calling a General Meeting rests with the President, in agreement with the Board of Management, or at the request of members representing at least 17 of the 67 properties. |
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| Article 16. |
| Each member present or represented at the General Meeting will have the right to cast a number of votes equal to the number of points attributed to his property under article 19.2 of the Constitution subject only to the qualification in article 5 of the Constitution. |
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| Article 17. |
| The Secretary will write minutes of the General Meetings and keep custody of the minute book together with copies of summons for meetings, notifications, proxy forms and other relevant documents for a period of five years. |
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| Article 18. |
| The agreements of the Board of Management will be adopted by a majority of those present, and ties will be resolved by weighted vote of the President. The Board of Management will meet in Spain whenever the President summons them or at the request of two of its members, but they may meet elsewhere provided at least two-thirds of their number so agree. |
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| Article 19. |
| 1. |
Every member is obliged to contribute towards the payment of the Community expenses. Considered Community expenses are:
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| - | Salaries and Social Security payments of Community employees. |
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| - | Calahonda Community charges. |
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| - | Water for gardens and pools. |
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| - | Electricity for pool pumps, garden lights and irrigation system. |
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| - | Purchase and maintenance of garden tools and other garden equipment, fertilisers, plants, etc. |
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| - | Refuse collection. |
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| - | Necessary postal, stationary and telephone expenses, legal and professional charges, materials and office equipment required for the purchase of administration, and other general expenses. |
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| - | Necessary costs, rates, etc., of the guard's house. |
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| - | In general, all expenses which may arise in relation to the common elements and those extraordinary expenses agreed by the General Meeting for improvements or purchase or any other purpose beneficial to the community. |
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| 2. |
Member's contribution towards the aforesaid Community expenses will be based on the number of points attributed to the property
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| Property | Points |
| Nos. 1A Monte Paraiso | 1.0 |
| Nos. 1 - 66 Monte Paraiso | 1.5 |
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The amount to be paid for each point will be calculated by dividing the total cost by the total number of points.
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| Article 20. |
The following payments will be made by members:
(1) ORDINARY FEES, used to cover the general expenses of the Community in accordance with the budget as approved by the General Meeting and proportional to the economic interest of each member as established in article 19.2. The fees will be payable half-yearly in advance. If the balance at the end of the year shows a profit, this will be applied against the payment due for the next year. If the balance is negative, the deficit must be paid together with the amount due for the first half year of the next annual fee, without prejudice to the possibility of claiming the payment separately with the corresponding extra costs and charges.
(2) EXTRAORDINARY FEES, which are those required to be paid by the members for any improvements approved by the General Meeting, and
(3) EXCEPTIONAL ASSESSMENTS, which are those required to cover absolutely unavoidable costs not foreseen in the budget. The approval of the Board of Management will be sufficient to exact such assessments. |
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| Article 21. |
| No property may be owned by timeshare company without the prior agreement of the General Meeting. The co-efficient for each member is as set out in article 19.2, with the proviso that any property which is used on the basis of timeshare will be subject to special arrangement and the co-efficient in respect of any such property will be 15.0 points. |
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| Article 22. |
| The fees for the general expenses will be payable twice yearly on 1st August and 1st February. Every owner will be notified by post of the amount due. Owners will be entitled to a discount of 10% for prompt payment e.g. payment received within 15 days of the dates stipulated (hereinafter referred to as the due date). Owners making payments which are received after the due date will not be entitled to the discount and will be required to pay the fees in full. If within 30days of the due date no payment has been received for fees, proceedings will be started to obtain payment through legal channels. The unpaid fees will be subject to an annual interest rate of 15% until full payment has been received. The owner in arrears loses the right to vote at General Meetings until such time as fees, interest and related costs and expenses to the Community arising from failure to pay fees by the due date, including all legal costs have been paid. All costs to the Community caused by his action will be for the account of the owner in arrears. |
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| Article 23. |
| The fees of the Community will be deposited in its account with a local Spanish bank. The Board of Management may dispose of this account with the signature of two members of the Board or one member of the Board and one delegated person to withdraw funds, to make transfers, or realise other transactions. Withdrawals exceeding 1.500,00 Euros he signature of two members of the Board. |
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| Article 24. |
| The Board of Management will prepare, in co-operation with the Administrator, annually and before 1st October, the budget of income and expenses for the next fiscal year. This budget will be presented to the Annual General Meeting for approval. |
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| Article 25. |
| The Board of Management may introduce such bye-laws as they may deem appropriate for the general benefit and peaceful occupation of the properties by owners and their guests. Such bylaws shall be submitted to the Annual General Meeting for approval. |
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| Article 26. |
| The Board of Management will produce a Code of Behaviour for issue to every member, and all members are to acquaint their guests and tenants with the terms of the Code and ensure that they are fully complied with. Any amendment to the code shall be submitted to the Annual General Meeting for approval. |
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Community By-laws
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These BYLAWS are issued by the BOARD OF MANAGEMENT under powers vested in it under the STATUTES OF THE COMMUNITY OF OWNERS MONTE PARAISO.
It is a Condition of the use of houses and communal areas and facilities that Owner comply with these bylaws. |
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1. ALTERATIONS
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(a) GENERALLY
In accordance with Article 7 of the Law of Horizontal Property, an Owner’s right to alter his property is limited to internal elements, only, an then, only when it does not threaten the structural stability of the building.
(b) ELEVATIONS
(i) Any proposal to alter the external elevations, including terraces, roofs, etc. which change the original design or character of the building must be submitted, in writing, to a General Meeting of Owners and must be approved by unanimous vote.
(ii) Any other proposal to alter the external elevations must be submitted to the President for approval by the Board of Management.
(c) ADDITIONAL FLOORS
In accordance with Article 12 of the Law of Horizontal Property, any proposal to construct new floors, including extensions to existing basements, and any other change in the supporting structure or walls of the building must be approved by unanimous vote.
(NOTE BY WAY OF CLARIFICATION)
Under Spanish Law, an Owner of any property is required to apply to the local planning authority for permission, before undertaking any alteration to the structural elements of a building that involves the construction of new floors including extensions to existing basements.
Separate from and in addition to the above requirement, any owner of a property in a community before proceeding with any alteration to the structural elements of a building that involve the construction of new floors, including extensions to existing basements. The obtaining of planning permission is the responsibility of the owner and should be of no concern to the community. |
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| 2. MAINTENANCE AND REPAIR |
| Every owner is responsible for the proper maintenance and repair of their property. In order to minimise annoyance to other residents, works of maintenance or repair may only be carried out between the hours of 9:00 and 20:00. |
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| 3. PAINTING |
| Repainting the exterior of all properties will be undertaken by the community at intervals determined by the Board of Management. Painting of metal railings, grilles etc. is the responsibility of owners. Colour schemes cannot be altered. |
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| 4. INSURANCE |
| All houses and communal property will be covered by one block insurance policy, which includes third party liability, but excludes contents, which are the responsibility of owners to insure, (A copy of the policy may be inspected in the office of the Administrator). |
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| 5. SIGNS, NOTICES ETC. |
| No sign, notice or publicity, professional or commercial shall be displayed on the facades of houses without the prior written approval of the Board of Management. Any such signs, notices etc., which have been displayed without approval, may be removed on the authorisation of the President, and any costs incurred in so doing will be recoverable from the offending owner. |
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| 6. RUBBISH-BASURA ETC. |
| Rubbish taxes payable to Mijas are paid by the community in respect of all houses. |
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| 7. DOGS |
| The keeping of dogs is not permitted. |
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| 8. CODE OF BEHAVIOUR |
| Owners are responsible for ensuring that members of their family, guests and tenants are aware of and comply with the Code of Behaviour. |
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