Thanks for that tip, Perikles - the property is in Adeje as well.

The H and S office is the little house on the opposite side of the street to the Town Hall, directly opposite the main entrance.

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

Right .....There is a proposal at our upcoming meeting to change the open swing gate access on our community to have self locking devices.

In effect to change the complex to a "gated" community 24/7 also to install CCTV survellance.

This I believe is a political move and will have a very detrimental effect on the pool bar business and the whole ethos of the community.

Would I be right in thinking this is a fundamental change to the as built situation on the complex and under the Law of Horizontal Division might then require a 100% majority vote in order to be passed at the AGM ??????

This to me is a really tricky one. You need to look at both the statutes of the community and the contract for the pool bar. If these state something specific, you might prevent the proposed change by requiring a 100% vote, but if not, I can't see why the change would need anything other than a simple majority, or a two-thirds. It is after all a question of complex security, and a majority might suffice.
I'm afraid I'm out of my depth here - you need to ask a professional like Rene. I'll pm you his phone number.

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

Can you let us know what he says PJ?? I fear the worst though because in its simplest form, it's just a change of one lockable gate style to another ...

Agree that it's political.

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Have had a reply from Etelina who confirms this only requires the normal simple majority as the gates already exist.

We are garnering other owners to vote against this, either in attendance at the meeting or by proxy, and I am sure the bar owners will be considering their position as well.

Will keep you posted.

Just as a further thought, it has to depend on the planning permission for the complex. If you could get your hands on the project for the complex as approved by the town hall, then you can see what is envisaged. If security gates are in the project (and I would guess, for a residential complex (), they are), then I don't think it would even require a majority vote for someone to insist on the change. If no security at all is specified on the project, you have a good case for arguing against it.

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

Thanks Perikles

Just for clarities sake the perimeter gates are already fitted with dead locks and we have a manned security patrol from 10pm to 7am every night and the guard maintains the gates locked during these hours and checks each gate every 15mins to ensure they remain locked at night.

The proposal is that the gates should now be fitted with automatic locking devices so that they would then be locked at all times 24/7

I can see no real benefit to this the adjoinging fences are so low that they can easily be scaled by a determined trespasser and suspect the real reason is a political one.

Just on a secondary matter I am aware that Community Fees debtors are precluded from voting at the AGM but are they also barred from standing for election as officers?

I can see nothing in the L of HD that bars debtors from standing for office. It seems the only thing they can't do is vote. Remember too that the president may be elected without his/her consent or even by rotation, and a committee has no legal status anyway, just the president, secretary, and administrator who could all be the same person.

Is the present situation such that anyone can wander in and use the pool bar during daylight hours? Presumably, the proposal would put a stop to that.

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

Yes very much so. It has a good reputation as a friendly bar reasonalbe prices and nice food hence my belief that the motives are political.