Question for David please.
In your book, the section on the LHP :- Chapter III, Article 24, 3(b) refers to ".......qualified majorities.....".
Earlier in the text majorities are descibed as "three-fifths", "simple" etc etc , but I can't find elsewhere a majority described as "qualified".
What does this mean ?
Many thanks,
Sampedrena
Law of Horizontal Property
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sampedrena
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Law of Horizontal Property
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Re: Law of Horizontal Property
Types of majorities established in the LPH are the following
1. Unanimous resolution for all of those resolutions ‘involving the approval or amendment of the rules provided in the commonhold community statement CCS or in the Articles.’
2. Special resolution I ‘the favourable vote of three fifths of the total number of owners representing three fifths of the whole commonhold allocations’ for those mentioned above which refer to ‘the establishment or elimination of the lift, janitor, reception and security services, or other common services or facilities of general interest’ even where they involve the amendment of the CCS or the Articles.
3. Special resolution II 'the favourable vote of three fifths of the total number of owners representing three fifths of the whole commonhold allocations’ and the ‘consent of the owner directly affected, should there be one’ for ‘lease of common parts lacking a specific destiny.’
4. Special resolution III ‘the favourable vote of a majority of owners representing a majority of the whole allocations’ for ‘works carried out or new common services established to eliminate architectural barriers which hinder the access or the mobility of disabled people’ even where they involve the amendment of the commonhold community statement or the Articles.
5. Special resolution IV ‘a third of the members of the commonhold representing a third of the whole allocations’ for ‘the installation of the common infrastructures providing access to telecommunication services regulated in Royal Decree-Law 1/1998, of 27th February, or the adaptation of existing ones, as well as the installation of solar energy supply systems, whether common or private, and infrastructures necessary to access to the new collective energy supply systems.’
6. Ordinary resolution ‘the vote of a majority of the total number of owners representing a majority of the whole allocation’ for ‘all other resolutions.’
The ‘qualified majorities’ refered in section 24 (3) (b) are special resolution I, II,III and IV
1. Unanimous resolution for all of those resolutions ‘involving the approval or amendment of the rules provided in the commonhold community statement CCS or in the Articles.’
2. Special resolution I ‘the favourable vote of three fifths of the total number of owners representing three fifths of the whole commonhold allocations’ for those mentioned above which refer to ‘the establishment or elimination of the lift, janitor, reception and security services, or other common services or facilities of general interest’ even where they involve the amendment of the CCS or the Articles.
3. Special resolution II 'the favourable vote of three fifths of the total number of owners representing three fifths of the whole commonhold allocations’ and the ‘consent of the owner directly affected, should there be one’ for ‘lease of common parts lacking a specific destiny.’
4. Special resolution III ‘the favourable vote of a majority of owners representing a majority of the whole allocations’ for ‘works carried out or new common services established to eliminate architectural barriers which hinder the access or the mobility of disabled people’ even where they involve the amendment of the commonhold community statement or the Articles.
5. Special resolution IV ‘a third of the members of the commonhold representing a third of the whole allocations’ for ‘the installation of the common infrastructures providing access to telecommunication services regulated in Royal Decree-Law 1/1998, of 27th February, or the adaptation of existing ones, as well as the installation of solar energy supply systems, whether common or private, and infrastructures necessary to access to the new collective energy supply systems.’
6. Ordinary resolution ‘the vote of a majority of the total number of owners representing a majority of the whole allocation’ for ‘all other resolutions.’
The ‘qualified majorities’ refered in section 24 (3) (b) are special resolution I, II,III and IV
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sampedrena
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Re: Law of Horizontal Property
Many thanks,fljordan, for your explanation.
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