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

  1. #71
    Teri
    Guest

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

    i have just moved into a semi detached villa, with private pool and garden (there are no communual areas at all) in fuerteventura as a renter. The owner gave me permission to erect a satellite dish. Without prior notice, the presedente sent a note demanding that it was taken down within five days or he would do it and charge us for it and the repairs to the wall. There are fifteen other dishes up in the same developement. To save hassle, I moved the dish, but I feel he is being very heavey handed. now he is demanding access to inspect the damage. A lot of people have moved out because of the harrassement from the president. ASa result a lot of properties are empty. The two villas either side to us are empty and there pools are neglected and as a result we are invested by moscitos, but thats seems to be ok. I asked for a copy of the rules, but he said he can not talk to us as we are mere tenants. The owner is none resident and he also asked for a copy and was ignored. The presedent is coming to inspect the 'damage' on SUNDAY at 11.30. As a good catholic, I feel that a working day would have been more appropriate and I feel that this presedent is trying to get us to move out. I would appreciate any help on this matter you can give

  2. #72
    John Oakhurst
    Guest

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

    In our community a question has arisen as to who is responsible for the retiling of a balcony floor when water seeps into the downstairs apartment due to break up of those tiles and waterproof membrane. The owner concerned did retile himself some 3 or so years ago but tiled above existing tiling without repairing the tar membrane so the tiles are now higher than the inner floor and the tracking of the patio doors.

    It has always been the community view that a balcony or terrace which is accessed by an owner who has sole use is the responsibility of that owner. The owner concerned considers the terrace is communal property notwithstanding he has sole use and the escritura saying that a private apartment starts at the front door and continues to the vertical wall adjoining the communal garden.

    Another owner says the situation is covered anyway by the Civil Code which says that even if the terrace is not private, from the moment that an owner who has sole access changes something, that person is responsible for the work and any liability arising.

    The community insurer states the problem only arose due to the nature of the repair work will not pay the claim.

    Kindly advise your views - thankyou.

  3. #73

    Default

    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 property without your consent, under any circumstances. After reading the information that you have given us, our advice is that you, in the first instance, insist the owner of the property claims to have a copy of the statutes of the Community of Owners, and then forward the copy to you. If the President still ignores his petition, the owner can take the Community of Owners to court in order to defend his rights.

    Form your side, you can end the rental contract or report the case to court so the problem is solved. You will need to evaluate the importance of the matter and decide if you wish to take legal actions, as these will entail legal fees and expenses. We also advise you to report the President of the Community of owners to the Police station for harassment and constraint.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  4. #74
    Lesley Dutton
    Guest

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

    Do Residencials in Ibiza need a special licence from the ajuntamiento to allow rentals? Is there a law governing the right to have a president? Do we have the right in law to have an annual fully detailed breakdown of all the incoming and outgoing expenses of our community. Does the community have to provide a bank of mailboxes - we have none and have to get our post from the administrator's office - he closes from Dec 1st to Jan 16th each year, effectively cutting off our access to our post during Christmas.
    We are 20 apartments and the administrator has the voting rights of 11 mostly absentee owners (we do not have a president) and so we have no chance to oppose anything he decides to do - he is NOT an owner. This is only a small example of the many problems we have.
    This Residencial is about 14 yrs old and has been run this way all of that time - we are owners from only the last 5 years and feel like we are up against a wall with no way out. Would appreciate any help/advise you can give. Thank you.

  5. #75
    terry gibson
    Guest

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

    For two years now we (the community ) have payed 30€ each to be put into a separate bank a/c for the painting of the community block.
    This hasen't been done and is being swolled up in community expenses. Can we force the president to open a separate bank a/c.
    Thank you. Terry

  6. #76
    Senior Member
    Join Date
    Oct 2008
    Posts
    311

    Default

    Hi Terry,

    Sure. You need to speak to the community administrator or president and ask him to hold an extraordinary meeting in order for this to be discussed. Opening a separate bank account can be agreed on.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  7. #77
    Ian
    Guest

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

    We have just been advised by the local council that our residencia of 400 plots, the majority of which are detached villas, is to become a CO. I am trying to find out the details about establishing a CO from scratch, such as timetables, etc., but cannot make any of the links work at your excellent starter article. Can anyone help with the links please or point towards a starter guide for all of the new residents. Many thanks, Ian.

  8. #78
    Ian
    Guest

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

    Further to my last question, we have just been advised that our development is to become an Etidad de Conservacion instead of a CO. What is the difference in rights and do we have any choice in the matter? Many thanks, Ian

  9. #79

    Default

    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 public Law entity; not Private like Community of Owners. The Entidad Urbanistica de Conservacion is formed by the Owners and other individuals to collaborate with Building purposes, as for instance conservation and maintenance of the Urbanization construction works, public services, etc. This type of entities work in the same way as ordinary Communities, as there are quotas/fees to be paid regularly by the owners, and its establishment is processed by the corresponding Town Hall.

    In your case, we believe that after the builder has finished the urbanization, he has transferred the streets and green areas´ ownership to the Town Hall but the Owners of the houses on the plot are responsible for the conservation and management of the same.

    The existence of such entities is not necessary if there does not exist any building/construction Works that need to be conserved and managed at the urbanization, though this will not mean that, in anticipation of its future existence, the entity is established beforehand in order to accomplish its future obligations.

    The establishment of this type of entity is only compulsory when the responsibility of the Works of the urbanizations belongs to the owners of the industrial or housing plot, by virtue of the indications of the Urban Ordination Plan or Programmed rules of Urban Intervention or should them be obliged by legal dispositions. The ordinations and regulations of these entities will vary depending on the province.

    Our advice is that you approach the Town Hall department of Urbanismo and make an enquiry on the current status of the establishment of the Entidad Urbanistica de Conservacion of your urbanization.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  10. #80
    penny
    Guest

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

    in a vote of no confidence from the floor against a committe member can that person use proxy votes to ensure they stay in office. The person holds many proxy votes.

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