Reglamento de Régimen interior “Comunidad Cruz del Sur”

Introduction

These Internal House Rules for the Community require commitment from everybody in regard to a series of manner of behaviour that enables everybody to enjoy the facilities, without causing a disturbance to others.

These Community Rules require a suitable, civil and responsible use of the facilities and installations, both private and communal, within this Community, based on a se-ries of rules of good behaviour, decency and respect.

This Community issues these Rules by virtue of the Law of Horizontal Property 49/60, 21st July 1960, reformed by Law 8/99, 6th April 1999, in Chapter 2 and Article 6.

The objective of these Rules and Protocol is to control works carried out, to improve and conserve the Urbanization and care for the appearance of the buildings. The owners are responsible for their compliance with these Rules.

The objective of these Rules is to inform and instruct future and new owners and tenants and also the guests to this Urbanization, so that everybody is aware of the regulations, the buildings, the content and facilities and installations.

The Rules may be extended, reduced or revised under terms established by Law in later years, as per requirement, need and/or effect.

The Community Statutes are available for all owners in the Community office, in the Administration office and on the web site.

In order to improve communication between owners and the Committee it is very important to provide your habitual residential address, landline and mobile number (Whatsapp) and email to the Administrator of the Community.

URBANIZACIÓN “CRUZ DEL SUR”

Block A: Calle Cruz del Sur, nº 1

Block B: Avenida Terramar Alto, nº 3

29630 Benalmádena Costa (Málaga) España

Web page: www.mycruzdelsur.com

Chapter 1.- The Community

The Committee for the Community of Proprietors “Cruz del Sur” is composed of a President, a Vice-president, a Secretary and four Committee members who have the authorization to impose respect and ensure that the Statutes and Community Rules for the Community are complied with.

Every year in March/April an Ordinary General Meeting is held with all the owners to approve the accounts, present the budget for the year in question and deal with matters affecting the Community.

The current Administrator is D. Mario Cordero Codes. His office address is: Inmobiliaria Fórum, Avda. Alay nº1 local 2, Benalmádena Costa, and the timetable is from 9:30 a.m. to 2 p.m. and from 4:30 to 7.30 p.m. Monday to Friday; ( +34 952 44 34 77.

Cleaning and gardening services in the Urbanization are provided by an external company. A cleaner and a gardener work every morning from Monday to Friday – not on public holidays. Separately, the Community has engaged a worker providing security and maintenance services working morning and afternoon from Monday to Friday – not on public holidays.

Staff in the service of the Community are authorised to approach anybody whose attitude or behaviour is not opportune. Please respect the workers, consult any queries, pay heed to their instructions and allow them to advise you or give you a recommendation.

*.- BLOCK A consists of:

 3 floors with 12 apartments on each floor. A total of 36 apartments.

 1 lift.

 In the basement: The meters and 5 storerooms.

*.- BLOCK B consists of:

 9 floors with 17 apartments on each floor. A total of 153 apartments.

 3 lifts.

On the Ground floor:

 The post boxes.

 9 apartments and the Community Apartment.

 The Social Lounge and the Community Office.

 The machinery room and the swimming pool toilets.

 In the basement: the meters and 37 storerooms.

Installations and Facilities.

The Urbanization has a surface area of approximately 8.000 m2 in communal areas. The Community installations and facilities are for the use and enjoyment of all the owners and residents.

The entrance gates from the street to Blocks A & B are opened with a master key. Block B can also be accessed by an automatic intercom with a code. The key and code for the intercom are at the disposal of all the owners in the Administration offices.

The Community has engaged “Grupo Tecnovisión Málaga” who has provided the signal and deals with the maintenance of the Cable Television with channels in various languages. For repairs, call ( +34 952 65 20 40 & ( +34 695 06 59 82.

The Urbanization has video-security cameras installed in the communal areas in order to improve security. Protection of data rights are guaranteed. The Community is registered with the Spanish Agency for the Protection of Data.

On the Ground Floor of Block B:

The Community Office is open every day from Monday to Friday, except Public Holi-days, from 9 a.m. - 2 p.m.

For persons of limited mobility there are 2 (TWO) plugs to charge ELECTRIC SCOOTERS. The price for this service is “At your discretion”.

Also at the disposal of everybody is an external and semi-automatic DEFIBRILLATOR that diagnoses and deals with cardiac arrests. At the side of which is a list of the people capable of working it and their telephone numbers. On opening the cupboard a call to the EMERGENCY department is automatically activated.

At the entrance the following is available:

 A COMPLAINTS AND SUGGESTIONS BOX for owners to deposit their pro-posals that may be beneficial to the Community.

 A NOTICEBOARD covered in glass to provide information and communication between the Committee and the Community of Proprietors.

 A cork NOTICEBOARD for owners and residents to publish, communicate and exchange messages and notifications between themselves.

On the Swimming pool NOTICEBOARD and in accordance with Regulation 742/2013 a daily account will be given of the condition and quality of the water, temperature, pH, transparency etc. The Board will also indicate the daily cleaning works to be carried out in the Community by the personnel. 

Chapter 2.- Communal Areas

*.- The use and enjoyment of the Social Lounge, the parking areas, the garden and the swimming pool are reserved exclusively for owners and residents of this Commu-nity.

*.- It is recommended not to walk about the Urbanization in a swimming costume, bikini, without a t-shirt or barefoot out of respect for others.

*.- It is forbidden to cook or have a barbecue on the terraces and in the gardens.

*.- The use of tables and chairs in the garden is subject to not being used to consume food; at night they must be removed by the owners.

*.- It is strictly forbidden to hang washing outside terraces on wires or lines. It is recommended to use a fold up line inside that is not above the visible height of the railings. Night time is the most suitable for hanging out washing. Washing lines or others may not be placed in the gardens or communal areas.

*.- It is forbidden to feed animals (cats, birds etc.) in the gardens and communal ar-eas to prevent the proliferation of flies, mosquitoes, insects, rats, etc.

*.- The trees, plants, plant pots and flowers must be respected and cared for. Care must also be given to all the furniture and objects belonging to the Community.

*.- No ball games are allowed, neither riding bikes, skates or similar in the gardens or communal areas. 

*.- Activities that may cause a disturbance are not allowed at weekends or on public holidays. From 11 p.m. onwards parents or legal guardians of minors must ensure youngsters do not run about, play or scream and cause a disturbance in the gardens, hallways or communal areas and must prevent all noise that could disturb neighbours.

*.- Noise levels inside the buildings must respect the limits established in local by-laws and regulations. The volume on televisions, loudspeakers, radios, musical instruments and other similar apparata must not exceed established levels. The use of washing machines, driers, liquidisers, blenders and others is forbidden between 11 p.m. and 8 a.m.

*.- On every floor in the buildings there is a C02 fire extinguisher to be used if need-ed.

*.- As per article 25.2 of the General Health Law tobacco is considered a harmful substance for the health of people. Therefore, in the case of any conflict the health rights of non smokers will always prevail. It is forbidden to smoke in the enclosed communal areas, Social Lounge, entrances, hallways, lifts, stairways, toilets, etc. Smokers must use the ash trays provided in various places in the Community. Do not throw cigarette ends on the floor.

Chapter 3.- The Social Lounge

1.- The purpose of the Social Lounge is to hold Meetings of the Community, Committee meetings, social gatherings and family celebrations.

2.- The Social Lounge cannot be used during unsuitable times or for lucrative or detrimental purposes.

3.- The Social Lounge can only be used exclusively by owners and residents who must be up to date in the payment of their Community charges.

4.- Permission must be requested from the Administration 15 days in advance. The Administration will notify the interested party if consent has been issued or denied, as well as the timetable allowed for use and a copy of the rules.

5.- Consent for use is only applicable to the Social Lounge and not to the other communal facilities, such as gardens, swimming pool, entrance, hallways, etc.

6.- For safety reasons a maximum of 25 persons are allowed in the Social Lounge. Children and minors must be cared for and controlled and will be under the responsibility of their parents or the adults who requested use.

7.- The owner making the request will ensure the Social Lounge is suitably cleaned both prior to and after the event, ensuring it is all kept tidy and clean and in the same condition in which it was found. 

8.- The resident making the request will be responsible for any damage caused and must ensure due repair is carried out. They will also be exclusively responsible for anything that occurs in the Social Lounge during the timetable authorised for their private use.

9.- It is not allowed to affix any decorations to the ceiling, walls, furniture etc.. that may cause damage to the same. Care must be taken of the installed furniture and decorations at all times.

10.- It is forbidden to cook or have a barbecue in the Social Lounge and other com-munal areas.

11.- The authorised owner will ensure noise is kept to a minimum, furniture and ob-jects are not dragged across the floor to prevent noise to other owners and, if using radios, loudspeakers, instruments or other reproductions of music, the volumen must be controlled.

12.- If the rules are not complied with this may result in the applicant or users being denied further use of the Social Lounge.

13.- The Community Social Lounge has a number of books in several languages that have been provided by the residents. These books are at the disposal of anybody who may wish to read them and should be returned in due course.

Chapter 4.- The Storerooms

The Community, “Cruz del Sur” administers the storerooms located in the basement of Block A and on the various floors and in the basement of Block B. The storerooms are available exclusively for the use of owners and tenants in the Urbanization.

The Administrator deals with the adjudication of the storerooms and is the holder of a key to each one, for safety purposes and to prevent material damages or any other eventuality.

Rules to follow:

1.- The Community will receive from the user of the storeroom an annual fee to contribute to the cost of maintenance, cleaning and conservation.

2.- Owners and tenants who wish to opt for the adjudication of a storeroom must register on a “Waiting List” that functions on a first come, first served basis. Following adjudication, the user must be registered and pay a deposit for the keys which will be returned when the keys are duly returned with the storeroom clean, empty and in perfect condition.

3.- Owners who rent out or sell their apartment and are using a storeroom may not concede the use of that storeroom to the tenant or new owners. They must return the storeroom and the key to the Administrator. Then, the storeroom will be placed at the disposal of those interested whose names are on the “Waiting List”. 

4.- Storerooms may not be used as a dwelling or similar. They are to be used to store useful objects not suitable for the apartment.

5.- Access areas and hallway or stairways must be kept clean and in good order and free from all kind of obstacles.

6.- It is forbidden to connect lights or electrical appliances to the electricity network.

7.- For safety reasons it is forbidden to store toxic, chemical, flammable and dangerous materials or products. The user is responsible for the use and content of his/her storeroom.

8.- You may not install curtains, adhesive plastic, papers etc. next to the windows on the facia. The Community, as the owner of the storerooms, will install any necessary elements, chargeable to the user, to ensure the objects stored are not visible through the window from the outside. The decoration and uniformity of the façade must be preserved.

9.- For any queries the owners or users should contact the Committee or the Administration to receive pertinent instructions.

Chapter 5.- The Swimming Pool

The swimming pool in the Urbanization uses salt water requiring saline chlorinates that are ecological and respectful with the environment.

The use and enjoyment of the swimming pool is exclusively for the owners and tenants of the Community and their guests. A maximum of 50 people is permitted.

The obligations and regulations established by the Junta de Andalucía will be applied.

Plus the following rules:

1.- During the months of July & August the Community will engage a lifeguard to guard, control, help swimmers, guarantee their safety and ensure rules are complied with. The timetable will be from 11 a.m. to 3 p.m. and from 4 to 8 p.m. The lifeguard is the maximum authority around the swimming pool.

2.- Outside of the months and timetable established in point nº 1 above, the swimming pool will remain closed and use of same will be under the responsibility of those users who decide to make use of it.

3.- The swimming pool cannot be used at night because that is when the cleaning takes place, as well as the conservation and purification tasks.

4.- Special attention must be made to minors under the age of 14 who must always be accompanied by an adult. It is compulsory for small children to wear special nappies for the water. 

5.- No swimming is allowed wearing underwear or street clothes, t-shirts, body-skins, headgear, etc. Only swimming costumes and bikinis are allowed and flip flops and sandals, as footwear. It is recommended that people with long hair wear a bathing cap for health and safety reasons.

6.- Nudism is forbidden.

7.- People with infectious diseases are not allowed in the swimming pool.

8.- It is compulsory to shower before swimming, for reasons of hygiene, but it is not allowed to use soap, gel or shampoo in the showers or in the swimming pool.

9.- It is forbidden to jump or dive into the swimming pool; neither are ball games permitted nor those that may cause danger or a disturbance or the use of boards, li-los or similar.

10.- Glass, porcelain or similar objects may not be taken into the swimming pool ar-ea.

11.- No food or drink is allowed in the gardens or swimming pool area to prevent plagues of insects, rodents, etc.

12.- It is forbidden to use radios or any other musical apparata that may cause noise or a disturbance. The use of ear plugs is recommended.

13.- No animals or pets allowed in the swimming pool area.

14.- The wastepaper baskets and ashtrays provided in the Urbanization must be used accordingly.

15.- The cleanliness of the swimming pool toilets must be respected and the accesso-ries cared for.

Chapter 6.- The Parking Areas

The Community is the owner of 2 parking areas:

Avda. Terramar Alto. Access to Block B by remote control:

 30 individual parking places.

 2 parking places reserved for the disabled.

 2 parking areas for motorbikes and bicycles.

Calle Cruz del Sur. Access to Block A with a padlock:

 30 individual parking places.

 5 double parking places.

 2 parking places for the disabled.

The parking places are for the exclusive use of the owners and residents of the Urbanization. The remote control and key to the parking spaces are at the disposal of the owners and residents in the Administration Office. 

The following rules must be complied with:

1.- It is forbidden to stop and park vehicles in the communal areas and passageways near the parking spaces to ensure freedom of movement and access to the entrance and exit for other drivers.

2.- Only one parking place per apartment.

3.- Disabled parking spaces are for their exclusive use.

4.- Parking areas for motorbikes and bicycles are for their exclusive use.

5.- When vehicles enter and leave the parking areas ALWAYS LOCK the gate or spaces so that outside drivers cannot occupy Community spaces.

6.- Vehicles may not be parked for long periods of time. Whenever the owner of the vehicle returns to their usual place of residence in Spain or abroad their vehicle must not be left parked in the Community parking area.

Non compliance with these rules may result in the adoption of such measures as the removal of the vehicle from the Community parking area by a towaway truck. 

Chapter 7.- Rubbish

In accordance with the By-Laws passed by the Benalmádena Town Hall regarding the collection and treatment of rubbish, debris and residue in order to obtain optimum conditions of hygiene, health, cleanliness, decorative aspect and welfare of citizens as well as the protection of the environment.

The following rules must be complied with:

1.- The nearest rubbish containers are located at Calle Cruz del Sur.

2.- Organic rubbish must be placed in closed plastic bags.

3.- The timetable to deposit the rubbish in the containers is between 8 – 11 p.m. as per the Town Hall By-Law. It is not allowed to deposit rubbish at a different time unless in special or occasional circumstances.

4.- Larger objects (furniture, electrical appliances or similar) must be deposited on the days indicated by the Town Hall for collection. The permitted days are labelled on the rubbish containers.

5.- Contaminating elements (oils, batteries, etc.) must be deposited in the receptacles and areas appointed by the Town Hall.

6.- It is recommended that domestic residue be recycled: organic, cans/tins/cartons, paper, cardboard and glass, to be deposited in each corresponding container.

Chapter 8.- Pets

Owners of pets must take care not to cause a disturbance, damage or risks to others. They will be responsible for any damage caused by their pets. They must respect all current legislation regarding keeping pets.

And also follow these rules:

1.- Owners must pick up and clean up any excrement deposited by their pet in any area of the Community.

2.- Pets are not allowed to roam around communal areas without a lead.

3.- Potentially dangerous animals must be kept on a chain and muzzled. The owner must carry all documentation, licence and third party insurance for the animal.

4.- Animals must not be left on terraces, gardens or inside vehicles for prolonged periods of time or all night.

5.- The owner and his/her pet must wait and use the lift without the presence of other residents. 

Chapter 9.- Rental of Apartments

These rules are aplicable to all owners, tenants (long term, seasonal and holiday lets) and visitors to the Community:

1.- The owner is the sole person responsible to the Community for acts carried out by the occupants of his/her apartment. The owner will pay for and take charge of any repairs to defects, breakages and damages caused by negligence or incorrect use of the communal elements within the Urbanization.

2.- It is compulsory for owners to communicate and register the name of the main tenant, number of persons who will occupy the apartment and duration of the contract to the Community Administration within 15 days of signing the contract.

3.- Owners who offer their apartment for short term rents or tourist or holiday lets must inform the Administration in advance.

4.- Owners must inform tenants and visitors of the rules contained within these Regulations in terms of behaviour and respect within the Community and ensure they comply with them.

5.- The owners will be responsible for any disturbances caused by persons living in their property to other residents in the Community.

6.- Once registered with the Administration the tenants will have access to all the facilities and installations of the communal areas in the Community.

7.- Tenants may not carry out any activities considered a disturbance, unhygienic, hazardous, dangerous or illicit, and/or contrary to the Community regulations.

8.- Committee members, Community workers and any owner may inform the President if another resident is not complying with these regulations.

9.- If a tenant or their guest does not comply with any of the regulations the Committee will notify the owner of the apartment in writing, via the Administrator, of the misdemeanour committed.

10.- If the misdemeanour is reiterated the Committee will report the incident to the owner and the tenant and demand a commitment not to repeat it.

11.- If the non compliance or misdemeanour is repeated the Committee will propose, at an Extraordinary Meeting of the proprietors, to initiate an ”injunction” and court proceedings. 

Chapter 10.- Protocol to follow when carrying out Works

The Community Statutes establish that owners who carry out full or partial refurbishments of their apartments (replacement of windows, railings or awnings, installation of air conditioning, telephones, fibre optics, electricity, etc..) should inform the Community before starting and await the written authorization and consent of the Community.

Any owner carrying out works must protect and care for all communal elements, stairs, hallways, lifts etc. in order not to cause any damage when transporting debris, or materials. These areas must also be left clean and in order at the end of each working day.

The owner is responsible for any damages caused to communal areas in the Community and must carry out ensuing repairs.

The rights and duties of owners carrying out refurbishments inside their properties are governed by the Law of Horizontal Property.

The Technical Architect for the Community is D. Antonio García (( +34 655 57 91 31). His contact timetable is from Monday to Friday from 9.30 a.m. to 2 p.m.

The following protocol must be complied with when carrying out refurbishments:

1.- Prior to initiating any works the owner must request and obtain the corresponding works licence from the BenalmádenaTown hall, which will indicate the characteristics of the work.

2.- If the work affects the structure of the building, communal elements and/or alters the current distribution of external hollows of the façade or stairs in the buildings forming part of the Community the specific agreement and authorization is required from a General Meeting of Owners.

3.- The timetable for works will be from Monday to Friday from 9 a.m. to 2 p.m. and from 3 to 6 p.m. No works or noise is allowed on Saturday, Sunday or public holidays.

4.- The owner will contact D. Antonio García, the Technical Architect for the Community, for him to visit and see in situ the work to be carried out.

5.- During the visit the owner will present a copy of the permit obtained from the Town Hall. The Technical Architect will study it and decide whether to authorise the work or not.

6.- The permit will be delivered to the owner signed and in writing. A copy of this authorization will be sent to the Administrator of the Community for his knowledge.                                                                                         

 7.- The owner will pay fees to the Technical Architect for the visit and the permit: 60€ (SIXTY EUROS) for small works and refurbishments and 120€ (ONE HUNDRED AND TWENTY EUROS) for complete refurbishments.

8.- The Technical Architect will also sign off the completion of the work.

9.- If a skip is required for the debris which will occupy a parking space the Community will charge 35€ (THIRTY FIVE EUROS) per week.

10.- Permitted noise levels are regulated by the urban environmental protection by-laws of Benalmádena. Machinery cannot be used in the open air whose noise emission level is higher than 90 decibels within a 5 metre distance. Should this type of machinery be required special permission must be obtained, indicating the reason and timetable of operation. The timetable must be specifically authorised by municipal technical services.

11.- It is not allowed to install signs, adverts and other similar objects on terraces or railings of the exterior façades of the buildings.

12.- The installation of air conditioning units on the sides of the building is not allowed. They are only allowed on the front onto the street and at the back of the swimming pool.

Chapter 11.- Protocol to follow in the event of leaks and damp

In the case of water leaks or damp in the property it is recommended to wait until the Insurance Company assesses the damage, cause and origin of the same. The occupant should act only in extreme cases of real emergency.

Follow these rules:

1.- An owner affected by leaks or damp in their property should, in the first place, advise their own insurance company. The assessor will report on the origin of the problem indicating who is reponsible for the repair.

2.- If the Assessor confirms that the Community Insurance is responsible the Administration will call the Community Insurance company to see if the policy covers the repair of the incident. If affirmative they will instruct the immediate repair.

3.- If the repair is the responsibility of the Community of Proprietors the Administration will obtain several estimates and will choose the most opportune and proceed with the repair.

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