Statues of Aljamar

STATUTES ALJAMAR
The Community of Property Owners of the complex is subject to the decisions made by the General Management or by the Board of Presidents, as well as to the Revised text of the Horizontal Property Act 49/1960, as amended by Reform Act 8/1999 which shall be applied in addition. Furthermore, the community of owners shall be subject to the following regulations:

In general terms, the shares in the complex shall determine the participation in rights
and obligations related to the different communities it is composed of. Once the
promoter has received the corresponding administrative permissions and licenses, he
shall be entitled to amend without limitation whatsoever the building projects that
correspond to each phase.
The structure of the common elements described hereafter cannot be changed
without the unanimous approval of the owners, which is the only exception to the
promoter ́s power.
As a statutory general norm, the installation, conservation and maintenance of water,
electricity and telephone connections, as well as any other public service required,
shall be allowed.
Owners or occupants of parking spaces and storerooms situated in the basement shall
pay their contributions to the expenses related to cleaning, electricity, ornamentation
or decoration of green areas (if existent) and to the ornamentation and built
environment, because parking spaces and storerooms are part of the properties.
Therefore they shall be entitled to use them; they also shall pay their contribution to
the remaining general expenses for maintenance and renewal of the urbanisation and
its common areas in accordance with their coefficients or quotas.
Owners or occupants of the different departments the properties are composed of
shall be entitled to carry out refurbishments, repairs, reforms and installations in
accordance with the municipal bylaws and valid regulations, provided that such
measures are properly authorized and carried out under the control of a competent
technician. Alterations to facades and closings of balconies or terrace are excluded
from this permission. Building works, installations, services, pipes, chimneys,
perforations and other devices used for the laying of cables or for the exit and outlet
of smoke, gas, odours, light, drains, ventilation, air conditions, refrigeration,
conditioning or heating must always be carried out in the most suitable places of the
buildings and in accordance with the specifications of a competent engineer, and must
never affect the security of the properties or alter its general structure or the
configuration of the facades. Consequently, such measure never must interfere
directly or indirectly with another owner ́s right to use common or private elements,
and must not cause any noise disturbances or dangerous or insalubrious detriments.
Owners or occupants of dwellings are obligated to carry out repairs or building works
in their private properties whose omission could damage common properties or
another owner ́s private property, and they shall be held responsible for such damages
where applicable.
Nevertheless, it is strictly forbidden to carry out any complementary building works -
neither provisional nor definite- to the properties on un-built areas or common areas
unless they are considered in the building plans.8. All that has been established by means of the aforesaid regulations is subject to
previous permission or approval by the Community of Owners.
Third party liability shall be allocated to all owners in accordance with their
participations or quotas. Liability caused by fault or negligence of one of the owners
shall be that owner ́s exclusive responsibility.
Current and future owners of independent private elements shall be entitled to
dissociate or separate garages or storerooms from the dwellings without prior
approval by the General Meeting or managing board; they also shall be entitled to
carry out in their independent private elements material, horizontal or vertical
divisions, segregations, aggregations, arrangements or integrations they consider
convenient, distributing the quotas of the original properties to the new properties, or
ad them in proportion to the size, of course always within their total original quota.
The community is composed of the owners of all properties, parking spaces and
storerooms situated in the complex.
Common elements and their access ramps situated in the area of parking spaces and
storerooms in the basements shall be exclusively used by those and must be kept clear
at all times. Vehicles must not be parked or washed in the passage areas, and no
obstacles must impede transit.
Common elements of the complex and common elements included in each phase have
been executed in compliance with the construction of the phases. Common elements
of the FIRST AND SECOND PHASE are:
Land developed on areas which are not occupied by the flat areas of the different
buildings, like green areas, passage ways and roads, pavements, and interior areas.
Therefore, in general terms all remaining areas which are not occupied by
buildings and limited by surfaces or leafs are common elements, as the subsoil is
destined for parking spaces and storerooms.
Interior passageways and accesses.
Interior green areas within the complex, interior passageways and connections,
ornaments and decorations, and therefore their maintenance and repair
Any further elements, installations, devices or services that for their nature or
purpose are of general shared use within the complex.
The swimming pool and annexed areas; machine rooms.
Stairs between nucleon FOUR AND EIGHT, and between FIVE AND SIX, are public.
In case of doubts whether any element or area is general or not, SOCIEDAD
PROMOTORA ALPUJARRAS DE NERJA SL reserves the right to make a decision
based on a report issued by the competent architect or any other professional
engineer.
Regardless of the aforementioned list, the promoter shall be entitled to amend the
said common elements, its situation, number, extension and execution without
limitation whatsoever, to eliminate services and create new ones, and to execute
any document the promoter finds necessary, including complementary or
amendatory deeds, and to register these documents in the Land Registry.14. Once a phase is finished and occupied by the owners, and once its corresponding
community of owners is constituted, it shall not be allowed to establish whatsoever closing,
except for those considered in the plans between common areas of the complex, including
diaphanous areas between the buildings that can be used by all owners. Those diaphanous
areas are considered passage ways.
Each community of owners shall start paying its contribution towards the maintenance of
the complex after its corresponding phase is finished and the community is constituted, so that
only those communities which can make use of the complex ́s common areas must pay for the
general maintenance costs.
Any expenses caused by the repair and maintenance of the complex ́s common elements,
ornamentation and built environment shall be paid by the owners in accordance with their
quotas.
Users or owners of dwellings shall pay for the use and maintenance of their properties,
including water and electricity consumption of private areas they use, such as playgrounds,
passage ways and gardens that give access to the buildings and the swimming pool area.
These costs shall be allocated to all dwellings in accordance with their coefficients.
Only the managing board, composed of the presidents of the different communities of
owners, shall be entitled to make decisions regarding problems related to the common areas,
taxes and insurances, and only for administrative purposes it shall be possible to constitute
further communities or supplementary commissions for parking spaces and storerooms and
for the different phases.
The aforementioned clauses do not affect the authorities of the promoter SOCIEDAD
PROMOTORA ALPUJARRAS DE NERJA SL, or the person designated by the said company to act
as President to substitute the management, until all phases of the complex are occupied and
all the corresponding communities are constituted.
The common areas and others such as un-built areas, roofs, parking spaces and storerooms
can be used for piping, electricity, gas and tap water installations, etc. that are necessary for
the community, as well as any other common installation. The owners and users of dwellings,
parking spaces and storerooms are obligated to facilitate the maintenance and/or repairs of
those installations and to allow access to the professionals or personnel in charge of such
measures.
The general community areas of the complex or community areas of the buildings also can
be used for the installations of suppliers, including spaces or premises destined to power
transformers whose situation shall be decided according to technical requirements. The
supplying companies shall be entitled to use the facilities according to their needs.
In accordance with article 24 of the Horizontal Property Act, it shall be the different
communities that possess the quotas in the complex, so that it is not necessary to issue a
certificate to confirm that they are up to date with their payments towards common expenses
until each phase is occupied by the co-owners and until the different communities are
integrated in the complex.
November 27, 2002.