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EGM-MINUTES EGM Minutes · 2026-03-05

EGM Minutes — March 2026

Reference 2026-egm-march-minutes
Document Type EGM Minutes egm-minutes
Date 2026-03-05 (4 March 2026)
Issued by Adenjo Gestión SL
Affects All buildings (5 of 5)
Available in ENESSVARFR
Storage ?Cryptographic hash for verifying that this file matches the original on record. r2://2026/EGM_Minutes_March5_2026_English.pdf
This is a translation. The Spanish version is the legally authoritative document. View original

Owner-prepared summary. Original document is the authoritative source.

At a glance

  • The extraordinary meeting was held on 5 March 2026 with 115 owners present or represented, covering 49.886 % of the participation quotas.
  • Owners voted to authorize the use of apartments for tourist accommodation and to amend the statutes with a new Article 18‑bis.
  • A 10 % increase in community fees for units licensed for tourist rentals was approved despite opposition from several owners.
  • Specific apartments were unanimously approved for tourist‑use status, and internal regulations on tourist rentals were adopted.
  • The meeting also set up a works monitoring committee and gave the President authority to negotiate contracts and loans for the complex’s rehabilitation.

Key decisions

  1. 1. Item 1 — approved (113 for / 2 against / 0 abstentions)
  2. 2. Item 1.2 — approved (majority for; votes against from the listed apartments)
  3. 3. Item 1.3 — approved (unanimously)
  4. 4. Item 1.4 — approved (majority for / 1 against / 0 abstentions)

Page 1

COMMUNITY OF OWNERS
SENORIO DE ALOHA

MINUTES OF THE EXTRAORDINARY GENERAL MEETING OF THE COMMUNITY OF PROPERTY OWNERS OF THE SENORIO DE ALOHA RESIDENTIAL COMPLEX

In Marbella, on 5 March 2026.

At 10:30 a.m., on second call (the quorum required by law was not reached on the first call), the property owners of the Señorío de Aloha Residential Complex Community, duly convened by the President, met at the NH Express Hotel in San Pedro Alcántara for an Extraordinary General Meeting, with the following:

AGENDA

  1. AUTHORISE THE USE OF TOURIST APARTMENTS AS TOURIST ACCOMMODATION (VUT) IN THE SENORIO DE ALOHA COMMUNITY OF OWNERS IN ACCORDANCE WITH DECREE 28/2016 OF FEBRUARY 2, WHICH REGULATES TOURIST ACCOMMODATIONS IN ANDALUCIA, AS WELL AS ARTICLE 17.12 OF THE SPANISH HORIZONTAL PROPERTY LAW.
    1.1. If applicable, inclusion of an Article 18‑Bis in the Community Statutes to grant this authorisation.
    1.2. Approval, if applicable, of an increase in community fees for properties used for tourist rentals within the community.
    1.3. Request for express authorisation to engage in tourist rental activity by the following owners (apartment references are kept verbatim):

    • MEZQUITA 3‑2° DERECHA

    • MEZQUITA 3‑1° IZQUIERDA

    • MEZQUITA 4‑2° IZQUIERDA

    • MEZQUITA 6‑3° DERECHA

    • MEZQUITA 2‑1° DERECHA

    • ALHAMBRA 2‑2° IZQUIERDA

    • ALHAMBRA 2‑5° IZQUIERDA

    • ALHAMBRA 4‑5° IZQUIERDA

    • ALHAMBRA 2‑3° DERECHA

    • GIRALDA 5‑5° IZQUIERDA

    • TRIANA 3‑2° IZQUIERDA

    • TRIANA I‑5° DERECHA

    • TRIANA 4‑3° IZQUIERDA

    • TRIANA 3‑2° DERECHA

    1.4. Internal regulations regarding tourist rentals. Approval of regulations (Annex 5.3).

  2. REPORT ON PATHOLOGIES AND REHABILITATION OF THE COMPLEX. DECISIONS TO BE MADE.
    2.1. Brief presentation by the architect, Mr Lopez Chacón, regarding both the pathology report and the budgets obtained from various construction companies.
    2.2. Decision on the method of financing the rehabilitation works of the Señorío de Aloha Urbanisation (entirely via bank loan, through special assessments to the owners, or via a mixed model).
    2.3. Creation of a works‑monitoring committee consisting of the project architect and several owners.
    2.4. Authorise the President, the Administrator, and the Works Committee to negotiate and finalise both the construction contracts with the contractor and the bank loans.

Page 2

COMMUNITY OF OWNERS
SENORIO DE ALOHA

The attendance list has been omitted online for privacy.

BuildingOwners present‑or‑representedTotal ownership share
Alhambra
Doñana
Giralda
Mezquita
Triana

Page 3

COMMUNITY OF OWNERS
SENORIO DE ALOHA

(Continued list of owners and their participation quotas – omitted for privacy; see above table.)

Page 4‑6

COMMUNITY OF OWNERS
SENORIO DE ALOHA

(Additional owner entries – omitted for privacy; see above table.)

Page 7‑8

COMMUNITY OF OWNERS
SENORIO DE ALOHA

A total of 115 owners are present or represented, representing 49.886 % of the participation quotas, none of whom are in arrears.

The President of the Community, Mr Riley, opened the meeting, welcomed the attendees, and introduced the members seated at the table: Mr Victor Porras (engineer, Inproyect), the administrators from Adenjo Gestión (Mr José‑Manuel Ortiz and Mr David Vázquez), the Vice‑President Mr Gerry Burke, and the meeting translator, Ms Laura Wheatley.

He noted that the essential information had already been included in the notice and the recent clarification sent to owners.

Page 8

COMMUNITY OF OWNERS
SENORIO DE ALOHA

1. AUTHORISE THE USE OF TOURIST APARTMENTS AS TOURIST ACCOMMODATION (VUT)

A wide discussion took place. Result: 113 votes in favour, representing 49.106 % of the participation quotas, and two votes against (apartments Dofiana 4‑5° Izquierda and Dofiana 4‑4° Izquierda, together 0.78 % of the quotas). The meeting RESOLVED, with the legally required majority, to authorise the use of the properties as Tourist Use Dwellings (VUT) in accordance with Article 17.12 of the Horizontal Property Act.

The same vote (113 for, 2 against) approved the incorporation of Article 18 bis into the Community Statutes, which shall read:

Article 18 bis. Tourist Use Dwellings
“The Community of Property Owners expressly authorises the use of private dwellings for tourist rental purposes, in accordance with the provisions of Decree 28/2016 of 2 February, regulating Tourist Use Dwellings in Andalusia, and Article 17.12 of the Horizontal Property Act.”

The President, assisted by the Secretary‑Administrator, is authorised to formalise this resolution by public deed before a Notary and to carry out all necessary steps for registration in the Land Registry.

A thirty‑day period is granted for the absentee vote.

1.2. Increase in community fees for tourist‑rental apartments

The proposal to increase the contribution to common expenses by up to 10 % for apartments holding a tourist‑rental licence was discussed. Result: approved by the legally required majority. Votes against came from the apartments Alhambra 1‑2° Izquierda, Alhambra 2‑3° Derecha, Dofiana 2‑1° Derecha, Mezquita 3‑2° Derecha, Mezquita 4‑2° Izquierda, Mezquita 5‑1° Izquierda, Triana 2‑1° Derecha and Triana 3‑1° Derecha.

The increase applies from the date of approval to all apartments that hold the corresponding tourist‑rental licence and will be payable together with the ordinary community fee.

Page 9

COMMUNITY OF OWNERS
SENORIO DE ALOHA

1.3. Additional properties to be put to a vote

The meeting agreed to also put the following properties to a vote:

  • MEZQUITA 2‑1° IZQUIERDA
  • MEZQUITA 5‑1° IZQUIERDA
  • GIRALDA 5‑5° DERECHA
  • TRIANA 2‑1° DERECHA, TRIANA 2‑2° IZQUIERDA, TRIANA 4‑5° IZQUIERDA
  • DOÑANA 1‑3° DERECHA, DOÑANA 1‑5° DERECHA

The owner of MEZQUITA 2‑1° DERECHA subsequently stated that he does not request authorisation.

Resolution (unanimous): authorise the use of the following properties as Tourist Use Dwellings (VUT) in accordance with Article 17.12:

  • MEZQUITA 3‑2° DERECHA, 3‑1° IZQUIERDA, 4‑2° IZQUIERDA, 6‑3° DERECHA, 2‑1° IZQUIERDA, 5‑1° IZQUIERDA
  • ALHAMBRA 2‑2° IZQUIERDA, 2‑5° IZQUIERDA, 4‑5° IZQUIERDA, 2‑3° DERECHA
  • GIRALDA 5‑5° IZQUIERDA, 5‑5° DERECHA
  • TRIANA 3‑2° IZQUIERDA, 1‑5° DERECHA, 4‑3° IZQUIERDA, 3‑2° DERECHA, 2‑1° DERECHA, 2‑2° IZQUIERDA, 4‑5° IZQUIERDA
  • DOÑANA 1‑3° DERECHA, 1‑5° DERECHA

Page 10

COMMUNITY OF OWNERS
SENORIO DE ALOHA

1.4. Internal regulations regarding tourist rentals (Annex 5.3)

The President and Mr Per Nyberg reported that a group of owners had prepared internal regulations to improve coexistence and provide reassurance to both renting and non‑renting owners. After discussion, the regulations (Annex 5.3) were approved, with a vote against from the owner of Triana 3‑1° Derecha.

The owners unanimously agreed that any documentation containing personal data may be shared among members solely for the management, review, and clarification of Community matters, and that such data will not be used for any other purpose.

2. REPORT ON PATHOLOGIES AND REHABILITATION OF THE COMPLEX

2.1. Presentation by the architect

Mr Francisco Lopez Chacón presented the pathology report and the budgets obtained from three construction companies. The report highlighted structural defects, especially in the building envelopes of the Giralda, Mezquita and Alhambra blocks. The estimated cost of the comprehensive refurbishment is approximately €6 million, to be carried out over three phases and an estimated three‑year period.

The architect noted that the Mezquita, Doñana and Alhambra buildings currently have their building licences revoked, whereas the Giralda building still holds its original licence. Consequently, the Giralda works will be pursued independently via a Responsible Declaration procedure.

A technical report on the east façade of the Doñana building was also presented, focusing on urgent safety‑related works.

2.2. Financing the rehabilitation works

Three financing options were examined: an extraordinary levy on owners, a bank loan, or a mixed model. Banking contacts indicated financing periods of up to ten years at interest rates around 4.8 %. A planned video call with a banking entity was cancelled due to time constraints.

The President clarified that the meeting is not asked to approve the full €6 million expenditure at this stage, but only to authorise the next phase of cost analysis and negotiations, which will be carried out by a newly formed Works Committee.

2.3. Creation of a Works Monitoring Committee

Volunteers were invited, and the following members were appointed:

  • MEZQUITA 2‑1° DCHA – MAAN NIMA ALYAN
  • MEZQUITA 4‑2° IZQ – YOUNES MOUMNI
  • MEZQUITA 5‑4° IZQ – PER NYBERG BERGFORS
  • DOÑANA 4‑2° IZQ – JAN SCHILDER
  • DOÑANA 1‑1° IZQ – ILAN SLUIS
  • TRIANA 3‑1° DCHA – OMAR EL FIGUIGUI
  • GIRALDA 4‑5° IZQ – ANGELIQUE FLAG
  • GIRALDA 4‑4° DCHA – GHADA AL NAIMI
  • GIRALDA 4‑4° DCHA – AHMAD KAMIL
  • ALHAMBRA 3‑5° DCHA – ANDERS TIBOR RUPP

The Committee will analyse quotations, request additional offers where appropriate, engage with banks, supervise the execution of works, and assist the President and Vice‑President in scheduling the multi‑year project.

2.4. Authorisation to negotiate contracts and bank loans

The owners agreed that final decisions on the contractor and financing will be deferred until the Works Committee has completed its preliminary analysis. The Committee is authorised to negotiate and finalise the construction contract for the works covered by the extraordinary levy approved in the previous item.

There being no further business, the meeting was adjourned at 4:30 p.m. on the date indicated in the heading.

Cit. F.: H‑92232214
Avda. Manolete

John Philip Riley – President

Page 11‑13

(Additional procedural notes, signatures, and annexes – omitted for brevity.)

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