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Type: Posts; User: Patricia

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  1. Hello Partygoer27, We recommend you to ask a...

    Hello Partygoer27,


    We recommend you to ask a lawyer tor redact a formal letter. There is no template as the text has to be written in line with the exact situation and the action being claimed....
  2. Hello, There has not been any new regulation...

    Hello,


    There has not been any new regulation in that respect. However, there is the possibility - based on recent court rulings- that the Community Statutes establishes a clause agreed...
  3. Hello Patrick, The matter must be discussed in...

    Hello Patrick,

    The matter must be discussed in an AGM or EGM, to be voted upon and dealt with.

    The Law establishes that the unanimity of votes will be required to validate those agreements...
  4. Hello Stephanie, Yes, they could certainly...

    Hello Stephanie,

    Yes, they could certainly stop you.

    You need to get the authorization of the Community of Owners to do such modification in the Windows, as the appearance of the building will...
  5. Hello Betty, Your right to change the access...

    Hello Betty,

    Your right to change the access locks should not be limited within your Community and especially if such decision is based on those strong grounds. The President must not stop you...
  6. Hello MarbellaOwner, You are in your full...

    Hello MarbellaOwner,

    You are in your full right to claim that the CO fulfills the obligation to paint the buildings. It is not only an aesthetics issue but also necessary maintenance and...
  7. Hello Margaret, If the disability your husband...

    Hello Margaret,

    If the disability your husband suffers is as severe as to render impossible taking on his duties as President, he cannot be obliged to accept the role. You would only need to...
  8. Hello Dawn, The community of owners cannot...

    Hello Dawn,

    The community of owners cannot charge VAT on the community fees, unless they were renting out premises, and therefore making profit. Therefore they are correct in refusing to apply VAT...
  9. Hello, As you have mentioned, your CO statutes...

    Hello,

    As you have mentioned, your CO statutes and regulations agreed that 2/5 would be enough to approve the installation of a service, Communal swimming pool in this case. This system differs...
  10. Hello Jill, If you are member of a community...

    Hello Jill,

    If you are member of a community of owners, you have the right to request a copy of the current Community statutes, in Spanish ( the official language ). You must approach the...
  11. Hello Bettina, You can check article 10 of the...

    Hello Bettina,

    You can check article 10 of the Law of Horizontal Property that indicates the Community of Owners is obliged to carry out the necessary construction works for the good maintenance...
  12. Hello Terry Following my answer on another...

    Hello Terry

    Following my answer on another thread, we will leave the question for someone else to reply, as we are unable to provide a more thorough answer at this moment.

    Regards
  13. Hello Lesley, If the President of the...

    Hello Lesley,

    If the President of the Community was still in his role as President, chairing the CO, when the pool maintenance contract was renewed, his action was totally valid before the CO and...
  14. Hello Rupee, If you click on...

    Hello Rupee,

    If you click on http://www.lawbird.com/staff/Patricia.Martin, you will be directed to my page and you will find there my e-mail address and telephone number.

    Regards,
  15. Hello Rupee, Before taking any action, the...

    Hello Rupee,

    Before taking any action, the statutes of the Community must be checked to determine if the terrace construction has any effect on the communal areas. Also, the town Hall ordinances...
  16. Hello Arthur, It is certainly convenient to...

    Hello Arthur,

    It is certainly convenient to have a Community of Owner set up, however, there is no obligation whatsoever to be part of the Community if you do not wish so. If the Community is...
  17. Hello Polykrates, That is correct; a new...

    Hello Polykrates,

    That is correct; a new swimming pool installation will require that 3/5 of the community owners agree to it, providing that fraction equals the 3/5 of the community shares. Any...
  18. Hello Gerald, The best thing to do in these...

    Is the flat roof of an apartment block communal property? If necessary can I get access to my satellite dish which is on a communal wall only accessible via another resident's apartment roof.
    ...
  19. Hello Yvonne, Certainly not. Their roles and...

    Hello Yvonne,

    Certainly not. Their roles and rights are defined and regulated in the Law of Horizontal Property: Ley 49/1960, de 21 de julio, sobre Propiedad Horizontal.

    Rergards,
  20. Dear Mr. Peters. You can easily find out what...

    We live on a large urbanisation of over 500 properties including detached, and semi-detached villas, pueblo style blocks, and several large multi-story blocks built so close together as to be...
  21. Dear Mr. Rietveld, Owners are responsible for...

    We do have a community with 20 detached villas. The only common area is a swimming pool. In the minutes of the last AGM is stated that according to the Horizontal Property Act (HPA) the owners are...
  22. Hello Ian, I believe your question has already...

    Hello Ian,

    I believe your question has already been answered via e-mail, but I think it is good to reply it here as well so it may help anybody else.

    An Entidad Urbanistica de conservacion is a...
  23. Hello Teri, Welcome to the belegal forum. ...

    Hello Teri,

    Welcome to the belegal forum.

    The President t of the community does not have the right to force you to set an appointment to visit the property on a Sunday and he cannot enter your...
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