The President is not the “complex police” just a legal figurehead.
The fact is that all the owners, form the community and it is the responsibility of the community as a whole, to enforce reasonable behaviour and respect for others. This means that any owner can and should, enforce standards and is entitled by law to do so. Indeed expected by law to do so.
Committee members, in Spanish Law "Vice President(s)", do not have any legal standing. Every owner on a complex is part of a community, the committee is simply a mechanism to streamline the management.
People often ask, what is the role/legal status of "Vice President(s)". The answer is, "None." Article 13 of the Law of Horizontal Division states that the election of vice presidents (plural) is entirely optional. Their function is to act on behalf of the President as and when required.
So where does that leave us, when it comes to dealing with, "the problem".
In the first instance, it is our responsibility, as the owner's, to try to resolve the issue. If that is not possible then seek assistance or if it is between 10 pm and 6 am, call security,
(+34) 664 07 60 34.
If security cannot resolve the issue they should call the police, if appropriate. If security is not available, you also have the option to call The Police ( 092 or 922725562 ). It will enable the Police to act if the disturbance is actual at the time they arrive. You have the option to ask for an operator that speaks your language.
If all attempts to resolve the issue fail and it continues to be a problem, or it escalates into a major incident. As owner's and members of the community, we must bring it to the attention of the community as a whole, to deal with.
Far to often an owner will enter the community owner's office, make a verbal complaint. In the belief that this is all it takes, to get an issue resolved. Unfortunately, it is not!
The following are extremely important considerations when making an official complaint.
To solve an issue, we require evidence, no one can act on hearsay evidence (word of mouth). Evidence is the key to a successful outcome.
Consider recording as evidence, events in a diary with dates and times. Consider combining that with photo or video evidence.
What you must do is when you’re in the owner's office. Ask for a Complaint form. Complete it by explaining what the problem is. Also what if anything, you have done to try and resolve the problem. Then hand the completed form to Marisol.
Your written complaint may not be the only one that has been submitted. Others may also have submitted forms. There may also be night reports, from security and CCTV footage on the system. This physical evidence will be brought together and submitted, to the person or persons, who will attempt to resolve the issue on your behalf.
When the guilty party(s) are challenged by the President, Administrator or if more serious, the Tourism Inspector and or Police. It will be difficult for them to defend their actions when the documented evidence shows a different story.
Faced with the documented evidence the offender(s) will, hopefully, have no option other than to act in the interest of the community or face being denounced.
If your complaint is directed internally to the community, your name will be kept private. If the President or Administrator, having reviewed all the documented evidence. Decides, that the best action is to take out a "Denucia" against the offender. It is the Presidents name that appears on the paperwork and not the complainant.