Pool Access Road Parking.
Posted: 02 April 2008 02:35 PM  
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We have a Community Pool which divides a calle into two halves, both halves giving access to the pool gates. There are eight villas on each calle section, some with full-time occupancy and others part-time or rentals. Both these calle’s are designated as ‘private’ and do not come under the control of the Town Hall.
The President and Committee memebers wish to restrict any vehicle parking on these calle’s and to achieve this it was discussed and voted on at the last recent AGM and carried by a ‘majority vote’ in favour of ‘No vehicular parking’ unless for deliveries or dropping off, etc;

One resident in one half of the calle has challenged this ruling, stating that he should be allowed to park outside his villa at anytime and that the vote taken on the ruling was unlawful because it was not a unaminous vote of all villa owners of the phase (74 villa’s) and that according to Spanish Horizontal Law a ‘Unaminous Vote’ was required.

All Community Rules were passed by a ‘majority vote’ when setting up the Community four years ago and have always applied in the past.

Can you advise if a ‘majority vote’ is sufficient to carry a motion or is a ‘unaminous vote required?

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