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Thread: Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

  1. #51
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    You are welcome John.

  2. #52
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    Dear Mr Webb,

    That's a very interesting point you raise.

    Are you sure those gardens are not communal?

    I write this because I know first-hand a development which lower apartments have these gardens, which happen to be communal, and owners are now busy fencing them in with cute little wooden gates. This should not be tolerated by other community owners as these gardens are communal, paid for by everyone. They are not for privative use of these lower apartments. Only because some people act as if they owned the place does not mean they are really the legal owners.

    You would be surprised how often this occurs. Appearances can be deceiving. Do not take matters for granted, research them on your own.

    If the gardens you mention are effectively privative, you should of course not be paying for them as they are not communal as explained in my article which starts of this very thread.

    Yours faithfully,
    Raymundo Larra├*n Nesbitt
    Last edited by Lawbird Lawyer; 05-14-2010 at 10:41 AM.

  3. #53
    maurice webb
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    Many thanks for your prompt reply which has caused something of a stir at our community here in Alcossebre!! The gardens are indeed private. The whole of the garden of each villa is contained within a boundary wall. A hedge is included within this boundary wall and the dispute is to whether the trimming and maintenence of this hedge is the responsibility of the villa owners or not. Inasmuch as I have been expected to pay my quota share for the private garden work for the past six years, can I claim retrospective refund for the amount I have paid?

  4. #54
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    Dear Mr Webb,

    That's the problem with this job, can't make everyone happy.

    The trimming of hedges, as its effectively a boundary, needs to be paid for by the Community as it can be regarded as "communal". A different matter is the garden, which being privative, should be paid for by the owner who is the only one who can enjoy it.

    Please note that my comment regarding the lower gardens were referring to a closed community made of flats only, not villas.

    Yours faithfully,
    Raymundo Larra├*n Nesbitt

  5. #55
    maurice webb
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    are you saying that as the hedges are around the villa gardens then they are a community problem? If so are the railing round my balconys and patio also a community responsibility

  6. #56
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    Well fa├žades are a communal element. All Communities pay to have them painted every 3 years or so and that may include the balcony railings as well, indeed. In fact, if you try to paint your balcony in pink colors you will likely receive a nasty letter from the Communitie's President informing you that you are not allowed to do it.

    Or pehaps if you want to fence in your balcony using a removable glass curtain this may not be allowed either by the Community and will probably be taken down at your own expense unless the Community accepts it. The reason is because the exterior may be a communal element.

    Ground floors also pay for lifts they never use. It may seem unfair but it happens.

    Penthouse owners may not own some of the terraces which may belong to the Community of Owners as it may be a communal element.

    When you buy into a Community you are also made responsible for the contribution to the upkeep of communal elements of the Community to which you may not even have access to.

    Yours sincerely,
    Raymundo Larra├*n Nesbitt
    Last edited by Lawbird Lawyer; 07-06-2010 at 09:15 AM.

  7. #57
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    Question Would all Spanish laws be applicable in Tenerife?

    Hi,
    I┬┤m new to this forum and live in Tenerife Canary Islands, Do ALL property laws that apply in Spain also apply to Tenerife?

  8. #58
    johnnylogon
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    I own a property in Orihuela Costa on the Costa Blanca in a complex of some 148 properties in total built right on the seafront, basically 'to the line' of what is permitted, i.e. you cannot build in the area in front of the walls of the building.
    Every year the same few people try to get a few projects carried out which are basically to their benefit, and no matter what discussions or rows take place at the community meeting, they try it again the year after.
    In the complex we have three communal padel tennis courts, and a large swimming pool facility with adjoining children's play area, constructed in the area to the front of the apartments, in the area which ptherwise cannot be constructed upon. They are very nice facilities and allow for extensive areas of garden as well. These are all part of the original project approved by town hall, on the basis of which we purchased our properties.
    These residents now want to remove one of the paddle tennis courts and construct a new multi purpose court, approximately twice the size of the exisiting padel tennis court, which will in effect remove at least one third of the exisiting communal grassed garden areas. It will also severely change the visual impression of the complex when entering from the seafront. They have also proposed the construction of toilet facilities adjoining the pool, again in the area where construction is not permitted.
    We will be discussing these matters once again at the next meeting, (this coming Saturday). Can these matters be approved by the majority at a meeting, or am I correct in understanding as since they are changes to the actual project and the general asthetics of the complex, that they require a unanimous vote by the community rather than just a majority of those present on the day? What percentage of the proprietors have to be represented in order for such changes to even be discussed never mind voted upon or approved? Can a toilet block be constructed in an area where otherwise construction is not permitted? Indeed where it is not necessary, (no apartment in the complex is more than 100m from the pool in question). All comments and advise would be greatly welcomed.

  9. #59
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    Quote Originally Posted by Suzi View Post

    Hi,
    I┬┤m new to this forum and live in Tenerife Canary Islands, Do ALL property laws that apply in Spain also apply to Tenerife?
    Hi Suzi,

    Not all of them.

    Spain is divided administratively into 17 autonomous regional entities as well as two insular cities (Ceuta and Melilla).

    Each of these 17 regional entities can enact their own laws in certain matters besides the national legal framework.

    So in Tenerife's case, besides the national laws common to all of Spain there will be additionally specific regional laws and even local regulation (from its Town Halls).

    Yours sincerely
    Raymundo Larra├*n Nesbitt
    Last edited by Lawbird Lawyer; 07-26-2010 at 11:42 AM.

  10. #60
    kevin511
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    Default Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

    can you explain how the voting works in a community. I live on a golf complex, 36 houses are still owned by the developer. Does this mean that they have 36 votes. I live in the canary islands.

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