The COMMUNITY OF OWNERS OF THE URBANIZATION "MAZARRÓN COUNTRY CLUB" shall be governed by Spanish Law dated July 21, 1960, Section 396 of the Spanish Civil Code, other applicable provisions and, as far as those provisions allow, by these Bye-laws:
ARTICLE 1. DELIMITATION
The COMMUNITY OF OWNERS OF THE URBANIZATION "MAZARRÓN COUNTRY CLUB" shall be formed by all the Owners of lots, houses, shops or any other type of construction done on the resulting properties arising from the Compensation Project of the Partial Zoning Plan for "Sector El Algarrobo" in Mazarrón, which was awarded to the Company HUERTOS DE MAZARRÓN, SOCIEDAD LIMITADA and which may be exploited by building.
Therefore, the following is included: from BLOCK NUMBER ONE to BLOCK NUMBER FORTY (Mazarrón Property Register entries numbers 48.768 to 48.852, only even numbers, both inclusive), the building destined to SOCIAL CENTRE (Mazarrón Property Register entry number 48.886) and the building destined to SHOPPING CENTRE (Mazarrón Property Register entry number 48.890) (hereinafter referred to as "buildings or blocks ").
As a result of the foregoing, the membership to the Community shall be automatically lost upon the disposal of the property in the urbanization. The new Owner shall automatically and compulsorily become a member upon the acquisition and the conveyor's rights and obligations shall be subrogated.
Any changes regarding the ownership or the residence of their holders shall be notified to the Administrator of the Community of Owners of the urbanization "Mazarrón Country Club" by registered mail with acknowledgment of receipt within fifteen days as from the date when such changes occur. The holder entered at the books of the Community shall be liable for any loss or damages resulting from the failure to perform such obligation subject to the provisions of the Spanish Law of Horizontal Property regarding the liability for expenses of a Community.
ARTICLE 2. OBJECTIVE
The main objective of the Community of Owners of the urbanization "Mazarrón Country Club" is the conservation, maintenance and improvement, if any, of the urbanization "Mazarrón Country Club", seeing to the harmonious coexistence between its owners, keeping the aesthetics of the whole building complex, in all its stages or construction phases under health and hygiene conditions and ensuring as far as possible the conservation of all the development works and the facilities and premises for general services.
In order to attain such objective any Owner may request the Community to perform the works that contribute thereto and, if such works are approved, all the Owners shall be obliged to allow their execution, even if they mean repairs or performance in private properties.
Therefore, although the conservation, administration and management of the areas classed as private properties shall be on their owners' account, they shall keep them in perfect conditions and the Community of Owners of the urbanization "Mazarrón Country Club" may perform such maintenance with a prior written request giving a fifteen-day period to perform it and if the result is negative carrying it out itself. Should the Community of Owners of the urbanization "Mazarrón Country Club" carry it out, then the cost shall be passed onto the responsible neighbour or neighbours.
ARTICLE 3. GOVERNING BODIES
The bodies of the Community are:
− the Meeting of Owners,
− the President,
− the Secretary,
− the Administrator, who shall be a registered “Administador de Fincas”.
The positions of Secretary and Administrator may be occupied by the same person and they do not need to belong to the Community of Owners.
The Meeting of Owners may by majority elect a Vice-President, who must belong to the Community of Owners, for a term of office of one year, who may be re-elected, who shall perform the duties assigned by the President or the General Meeting and shall substitute the President in the event of absence or illness.
Likewise, the Meeting of Owners may agree upon the creation of a Board of Directors.
The Board of Directors shall be formed by 42 members, one per block or building that forms the Community of Owners of the urbanization "Mazarrón Country Club", to be elected by the Owners of each one of them by majority of the members present at the vote and they must belong to the Community of Owners. Their duties and functioning scheme shall be as determined by the General Meeting.
ARTICLE 4. RIGHTS AND OBLIGATIONS OF THE OWNERS
Notwithstanding those that correspond under the Law, the following rights and obligations are established:
The purchasers in the first and subsequent conveyances of houses or lots on which houses are to be built may not establish in them any kind of business or professional offices, although they may destine them for rent or any other form of tourist exploitation provided that the Owner deems it fit and gives the Community Agent prior notice stating the tenant's personal details. However, the purchasers in the first and subsequent conveyances of shops or lots on which shops are to be built may establish in them any kind of business or professional offices provided that they do not mean nuisance, unhealthy, dangerous or harmful activities. Pubs or nightclubs are specifically considered as nuisance activities and, therefore, are prohibited and bars, cafes and restaurants are allowed as not nuisance activities.
2. CO-EXISTENCE RULES
a) The Owners of the Community of Owners of the urbanization "Mazarrón Country Club" are forbidden to do the following:
− to plant trees that may harm their own or the neighbours' constructions,
− to transplant and fell plants and trees that are protected under the laws,
− to have a hedge separating lots over 180 centimetres high,
− to hang clothes outside the places specifically destined thereto,
− to do nudism so that such practice is visible from the public ways by their passers-by,
− to wash cars and the like in public ways,
− to have pets relieve themselves outside the places specifically destined thereto,
− if there were cruelty to animals, the Community of Owners of the urbanization "Mazarrón Country Club" may act accordingly together with "Sociedad Protectora de Animales" [Society for the Protection of Animals],
− to have the lanes destined to pedestrians or bicycles used by motor vehicles (except for vehicles for the disabled),
− to treat plagues and pests in the garden or lot with chemical products. This work shall be done by the maintenance technical staff upon the request of the owner of the lot, although it may be done when the governing body considers that the plague or pest may be harmful to the Community of Owners of the urbanization "Mazarrón Country Club" even without the Owner's consent and simply by notifying he/she if he/she is present,
− to burn gardening waste, rubbish and the like
− to have reptiles, even if treated as pets, wild or forbidden animals. Having dogs must be in pursuance with the provisions of the current laws and, in all cases dogs shall wear a muzzle when being walked.
b) The Community of Owners of the urbanization "Mazarrón Country Club" must be informed at least 48 hours in advance of the following:
− the celebration of private parties that due to their schedule or because they will have music activities or performances may surpass the normal limits of order and good coexistence among neighbours,
− the performance of excessively noisy activities that may cause a nuisance to nearby neighbours and that will last for more than half a day.
The Community of Owners of the urbanization "Mazarrón Country Club" may forbid such celebrations and activities if the measures that it has set them are not taken.
3. MODIFICATION WORKS
The Owners of houses and shops may on their account perform inside them such modifications and improvements as they deem fit provided that they do not affect any element of common use or service or any other Owner. The Owners of shops may, in pursuance of a project subscribed by a competent technician and a Town-Council licence or permit, open new doors, windows and other gaps to the exterior. As they affect the construction project, the Owners of houses are forbidden to do similar works without the authorisation from the Meeting of Owners and must obtain the town-council licences and permits necessary thereto. They may, however, place radio or television aerials, air conditioning machines - provided that their exterior elements are placed in the solarium or balconies or on facades that do not face the street with which they limit in such a manner that they cannot be seen from the street by passers-by- and awnings of a homogeneous nature and whose colour shall be the same for each block or building that forms the Community of Owners of the urbanization “Mazarrón Country Club" to be decided at the Meeting of Owners.
Their Owners may destine the area not occupied by houses on private lots where such houses are built to garden, flooring, swimming-pools (which shall be treated under health conditions or else be covered), masonry barbecues and roof areas with wood, metallic, aluminium or other structures provided that they may be dismantled by their Owner and do not rise above the level of the ground floor of the house without needing the consent from or giving their consent to the other Owners of the Community. It is specifically forbidden to build utility rooms, store rooms, sheds or any other constructions using cement, concrete, bricks or other materials common to construction and they shall be allowed if the Community of Owners approves them provided that they are prefabricated in wood or metallic carpentry.
The Owner of a building or block, or a lot individualised from it, may with the prior expedient town-council licence perform on it segregations, divisions and subdivisions, both material and horizontal, also with the expedient licence, build and execute the expedient Deed of Declaration of New Works and of Horizontal Division, if any. All such operations may be performed without the consent of the other Owners of the Community of Owners of the urbanization "Mazarrón Country Club" but, once the operation is done, he/she must notify the other Owners via the President of the
Community by registered mail with acknowledgment of receipt.
ARTICLE 5. EXPENSES
All the Owners of buildings that form the Community of Owners of the urbanization "Mazarrón Country Club", whose territorial scope has already been stated, shall contribute to the expenses for maintaining the said urbanization.
The common expenses or proceeds shall be allotted by assigning to each of the 42 buildings or blocks that form the urbanization an individualised coefficient, whose sum shall be 100%, and within each building or block each lot in which it is divided subject to independent use and benefit shall have a coefficient determined by the square metres of the lot area in such a manner that the coefficients shall add up to 100% of each building or block. If any lot has been subdivided, then the coefficient assigned to the lot shall be divided by the resulting properties in proportion to the square metres of each subplot area or otherwise to the square metres of the built area.
The participation coefficient of each of the 42 buildings or blocks Owners of the urbanization "Mazarrón Country Club" is determined below and the coefficient corresponding to each lot or subplot, if any, shall be determined by the Owner executing the public document (division or subdivision, horizontal or material, ordinarily) under which they are determined and come to legal existence individuaDy. This coefficient shall further be used to determine the contribution of each Owner to the expenses that may be individualised by blocks.
The said coefficients for each building or block are as follows:
− Block number 1: 1.80%
− Block number 2: 0,95%
− Block number 3: 1,58%
− Block number 4: 2,18%
− Block number 5: 1,65%
− Block number 6: 1,84%
− Block number 7: 1,80%
− Block number 8: 2,30%
− Block number 9: 2.06%
− Block number 10: 1.91%
− Block number 11: 2.16%
− Block number 12: 0.62%
− Block number 13: 1.05%
− Block number 14: 1.84%
− Block number 15: 1.96%
− Block number 16: 1.95%
− Block number 17: 1.60%
− Block number 18: 1.33%
− Block number 19: 2.72%
− Block number 20: 1.48%
− Block number 21: 2.60%
− Block number 22: 3.05%
− Block number 23: 6.12%
− Block number 24: 1.63%
− Block number 25: 7.03%
− Block number 26: 1.90%
− Block number 27: 2.41%
− Block number 28: 7.63%
− Block number 29: 5.19%
− Block number 30: 2.93%
− Block number 31: 1.73%
− Block number 32: 0.59%
− Block number 33: 4.45%
− Block number 34: 0.76%
− Block number 35: 1.36%
− Block number 36: 4.72%
− Block number 37: 1.87%
− Block number 38: 1.61%
− Block number 39: 5.26%
− Block number 40: 1.22%
− Building destined to social centre: 0.81%
− Building destined to shopping centre: 0.43%
All the expenses destined to the administration, maintenance, ordinary and extraordinary repairs and improvement, if any, of the urbanization "Mazarrón Country Club", those related to taxes, charges and liabilities thereof that may not be individualised and in those cases where it is fit always with subsidiary character by Mazarrón Town Council, the conservation and good functioning of all the development works and premises and installation of general services even if they are granted thereto (ways, green areas, etc) shall be expenses of the Community of Owners of the said urbanization.
ARTICLE 6. RIGHTS RESERVED TO THE DEVELOPER, THE COMPANY "HUERTOS DE MAZARRÓN, SOCIEDAD LIMITADA"
Until the Community of Owners of the urbanization "Mazarrón Country Club" is regularly incorporated by the appointment of the members of its bodies at the Incorporating Meeting, the Company "Huertos de Mazarrón, Sociedad Limitada" shall be in charge of taking all the measures regarding the administration of the urbanization, either directly or appointing the corresponding agents that shall perform them, being their fees on the Community's account, establishing the amounts to be paid by the Owners and collecting, even judicially, their corresponding sums. The Company "Huertos de Mazarrón, Sociedad Limitada" shall have the obligation of convening the Incorporating Meeting when the properties whose coefficients of share in the Community adding up to more than ninety-five percent (95%) belong to third parties.
The Company "Huertos de Mazarrón, Sociedad Limitada" may, without needing the consent from or giving the consent to the rest of the Owners of the Community of Owners of the urbanization "Mazarrón Country Club" regarding the blocks or sites owned by it, make segregations, both material and horizontal divisions, both material and horizontal subdivisions, groupings or aggregations and do any other similar modification, adding or redistributing the shares of the affected elements without modifying the shares of the other Owners of the Community. Once the operation is made, however, it must give notice thereof to the other Owners via the President of the Community for the purposes of issuing the corresponding community shares' receipts. The Company may perform on the blocks or sites, or the lots resulting from the said operations, declarations of new works, modify the existing ones and constitute the constructions declared in horizontal property scheme or building complex, describing and assigning to each of the resulting properties the corresponding participation shares.
If the Company "Huertos de Mazarrón, Sociedad Limitada declares a construction - constituting it even in horizontal property- on a block or lot and the right to build new constructions is reserved on the said Company as a right of projection in horizontal property, the new constructions declared as a result of exercising such right , shall be integrated into the horizontal property as new independent elements and the said Company shall establish the shares for participating in the expenses and proceeds of the new constructions and shall modify those of the existing elements without needing the consent of their Owners provided that it does so following the rules set on Article 5 of these Bylaws. It may also modify the boundaries of the existing elements without the Owners' consent in pursuance of the declaration of work performed by the right of projection.
In the event of modification of the boundaries of private elements of which the Company "Huertos de Mazarrón, Sociedad Limitada" is not the owner, it shall give notice to their Owners by registered mail with acknowledgment of receipt addressed as they have notified to the Community of Owners of the urbanization "Mazarrón Country Club".
The Company "Huertos de Mazarrón, Sociedad limitada" may perform, without needing the consent from or giving the consent to the other Owners of the Community of Owners of the urbanization "Mazarrón Country Club", the connections of the general networks for the supply of water, electric energy, telephone, gas and any others that may be offered in the future (cable television, etc.) with the resulting lots, passing onto the first purchaser the expenses and the consumption as well as perform on such general networks of supply and the connections with private lots such modifications or adaptations as may be convenient, with the prior technical project requested to declare their convenience or necessity, for a better development of the urbanization "Mazarrón Country Club" and, in this case, the expenses shall be on the Community's account.