Community Rules, help required.
I am new to this site but it seems very helpful so maybe someone could advise;
I own an apartment in Nerja and had some refurbishments done last year. The old windows were replaced and a Satellite dish put up. My contractor informed me that he had sorted out all the relevant paperwork and everything was ok.
The community vice president has now informed me that the community rules state that the windows should have a brown surround not white as we have and that the dish must be moved. I have agreed to move the dish however the builder has disappeared and I can not afford to replace the windows. They can not be painted due to the material used. Numerous other properties in the community have white windows and have had them for several years. The community say that it is my responsibility to know the rules and have told me that they will pass this onto the legal department.
Can the community take me to court to force me to replace the windows and how likely is it that a court will enforce this? Also will the fact that several other properties have had white surrounds for at least 8 years without anything being done make any difference?
Yes unfortunately the community could take you to court to demand that you adjust your building work and installation to what is accepted by them. Regarding your second question, it is impossible to give you a straight forward answer at this point in time, as it depends on how the community can credit the agreements which they are requesting from you. This is to say, that it is not only about who is right and who is wrong, but also of the evidence they bring forward to the case. This we will not know until the lawsuit is filed. Other circumstances which could imply the judge not agreeing with the community would be that there are currently other owners which have your same windows. In this case it would be discrimination against you. However all this can only be assessed once there is a lawsuit.
Many thanks Marta your advice was very helpful.