Statuates of our community... legal ?

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scotty
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Statuates of our community... legal ?

Postby scotty » Sun Feb 06, 2011 2:30 pm

This may be one for he who is the oracle (David Searle) 8) 8) 8) . The rules of our community state that no changes can be made to the outside of the buildings witout approval etc etc from the community and committee. Well our president has decided to install glass curtains without permission around his balcony :crazy: . It appears based on a postal vote that 80% + of the owners are against it but I've been told he intends to go ahead and break the rules. Now for the kick in the teeth....... It appears that our community rules were never notarised by the town mayor so are they enforceable ? Also if we go to a solicitor now and get them notarised etc etc are they really enforceable ? Needless to say a lot of people want the president removed :twisted: before you ask.

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Re: Statuates of our community... legal ?

Postby Bowler » Sun Feb 06, 2011 4:48 pm

Do you mean he has enclosed his balcony with glass sheets in order to enlarge his living space ? if so he would reqire some form of building licence which in this case would almost certainly be refused, there were a lot of people doing this, and getting away with it in the late eighties and nineties but it's virtually impossible to get permission for this nowadays.

scotty
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Re: Statuates of our community... legal ?

Postby scotty » Sun Feb 06, 2011 5:20 pm

Bowler wrote:Do you mean he has enclosed his balcony with glass sheets in order to enlarge his living space ? if so he would reqire some form of building licence which in this case would almost certainly be refused,


That is exactly what he wants to do.

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Re: Statuates of our community... legal ?

Postby julian » Sun Feb 06, 2011 6:15 pm

the glass sheets are almost invisible, does it really matter to the neighbours?

scotty
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Re: Statuates of our community... legal ?

Postby scotty » Sun Feb 06, 2011 6:24 pm

julian wrote:the glass sheets are almost invisible, does it really matter to the neighbours?


Almost but not invisible. Then they put "real curtains" :thumbdown: inside and move out the furniture. It really would change the appearance of the complex.

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Re: Statuates of our community... legal ?

Postby julian » Sun Feb 06, 2011 6:26 pm

maybe it´s the curtains that should be banned then !!! :)

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Re: Statuates of our community... legal ?

Postby Parilla » Tue Feb 08, 2011 12:09 pm

Scotty, whatever doubt there may be about the validity of your community, what your president proposes is not legal. Article 7 of the LPH prohibits any alteration in the exterior form of the building, and neither the president nor a majority vote of owners can override this. Glass curtains or whatever you call them do alter the external appearance, and they also give the owner a greater internal level of square meter accommodation than he is paying for through the community quotas, effectively cheating all other owners.

Parilla.

scotty
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Re: Statuates of our community... legal ?

Postby scotty » Fri Feb 11, 2011 9:44 am

Bump........ any sign of David Searle ? :?:

sick and tired
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Re: Statuates of our community... legal ?

Postby sick and tired » Sun Feb 13, 2011 9:42 pm

my experience of this issue in the past is he is not breaching any law as the glass curtains can be folded away and is therefore not a permanent change.to stop him you will find is extremely difficult and expensive i am afraid to say it is a reflection of the useless court system as any community trying to collect owed community charges discover, but i am no expert and stand to be corrected

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DavidSearl
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Re: Statuates of our community... legal ?

Postby DavidSearl » Fri Mar 25, 2011 1:06 pm

FROM DAVID SEARL

FOR SCOTTY AND PARILLA

Sorry to be so long about it, Scotty. Everything Parilla says is correct. Yes, the Horizontal Law prohibits any alteration to the facade of the building, which means that it is not legal to enclose the terrace of any apartment. So you look around and maybe three-quarters of all the terraces in Spain are enclosed. The owners didn't ask anyone. They just went ahead and did it, see. No permit from Town Hall and no authorisation from Community.

If you want to keep it in-house, you can bring up the issue at the next AGM, as you apparently have the votes against it. You must be sure to get this on the Agenda for the meeting. It is against the rules for the President to deny a member's request to put some item on the Agenda.

Or you can go to the Town Hall with, say, a photo. You will find them reluctant to act and you may have to make a real nuisance of yourself to get any results.

Good luck with it, David Searl
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