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In my homeowners' association in Spain...
Homeowners' associations with more voters than residents. Discover how Spain's 'grandchildren law' inheritance rules distort community democracy and who ends up paying for repairs.
In some homeowners' associations, decision-making power rests with a large number of absentee owners, while regular residents bear the costs and the decisions imposed on them. This imbalance creates surreal situations where the priorities of those who don't even live there set the course for the building.
The voting system in some homeowners' associations has mutated into something like a historical lottery. Imagine that to decide whether to put a new doormat in the lobby, you have to convince 170 people who, for the most part, have never set foot in the building. And the strangest part is that these 170 voters are descendants of former owners who sold their apartments decades ago, some as long as fifty years ago. Their ancestors owned an apartment, perhaps for just a few months, and now their heirs, who live thousands of miles away and have no idea what life in the building is like, have a voice and a vote.
## The representation paradox
Those who actually live together in the building, those who deal with the leak on the fifth floor or the noise from the upstairs neighbor, number barely twenty. Yet their decisions, their daily needs, are diluted by the flood of votes from people whose only connection to the property is genealogical. The situation becomes comical, almost surreal, when decisions are approved that make no practical sense for the residents. One example is the installation of an automatic gate for a garage that, quite simply, does not exist. The inauguration was an event, speech included, but of use to those who live there, zero.
## Decisions that cost money
The problem is not just the lack of common sense in the decisions, but the cost they carry. While the 170 "ghost members" vote remotely, often without knowing the day-to-day reality, it is the 20 resident neighbors who must cover the fees, special assessments, and repairs. Rules are approved such as hanging laundry only on odd days, or only white laundry if the day is a prime number, on the premise that the community "also belongs to those who maintain a historical connection." Meanwhile, a leak on the fifth floor has been stalled for three years due to lack of interest from the overseas voters.
## The future of the community
The current situation poses a considerable democratic challenge. When most voters are not directly affected by the decisions they make, and moreover it is the residents who shoulder the financial burden, the system loses its purpose. Projects are being proposed such as a heated pool in the meter room or renaming the building "Residencial Memoria Democrática." These are ideas that undoubtedly enrich the "community memory," but do not solve the practical problems of those who live there. This model, ironically dubbed a "homeowners' association under the grandchildren law," shows how distance and lack of real involvement can distort collective decision-making. It is worth remembering that horizontal property laws are meant to ensure the smooth running and harmonious coexistence of buildings, and it is prudent to check that these objectives are being met.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (3 replies).
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