Dealing with owners who break the rules?

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Stoker
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Dealing with owners who break the rules?

Postby Stoker » Fri Jan 22, 2021 11:55 am

Two new Spanish owners of apartments in our small building of 19 apartments have recently erected pergolas on their terraces. They gave no prior notification to anyone in the community or to the Administrator about this which I believe is a requirement set out in the Horizontal Property Law. It is also against our house rules which totally forbid carrying out any type of work or reform that affects the aesthetics, facades or common elements of the building, without the prior authorization of the General Meeting of owners. Our Administrator has been asked to contact these owners to inform them that they have not followed the proper procedures, that there have been complaints from other owners and to ask them to remove the pergolas. So far the administrator has done nothing.

In the event that the Administrator fails to take any action is there any problem with the President and Vice President taking matters into their own hands and writing to these owners directly?

Many Thanks

Manchesteral
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Re: Dealing with owners who break the rules?

Postby Manchesteral » Fri Jan 22, 2021 1:34 pm

A denuncia would be the simplest option !

Stoker
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Re: Dealing with owners who break the rules?

Postby Stoker » Fri Jan 22, 2021 6:36 pm

Thanks Manchesteral.

I've looked into that but apparently you need to present yourself at the nearest police station within 48 hrs to sign the form and as all travel to Spain by non residents is prohibited that makes it a bit difficult.

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fincalospinos
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Re: Dealing with owners who break the rules?

Postby fincalospinos » Sat Jan 23, 2021 9:54 am

This is covered under the Horizontal Propert Law;

Chapter 3 Section 7 -2

"The president of the community, on his/her own initiative or at the request of a unit owner or occupant shall
urge the person or persons carrying out the activities banned under this subsection to desist under
admonition of court action"

Failing this, if 25% or more of the residents agree, an Extraordinary General Meeting can be called to discuss the matter.
Hardworking resident !!

Stoker
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Re: Dealing with owners who break the rules?

Postby Stoker » Sat Jan 23, 2021 3:42 pm

Thanks fincalospinos

I've just got word that the Administrator has written to the owners. Just waiting now to see what their reaction is.

El Cid
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Re: Dealing with owners who break the rules?

Postby El Cid » Sat Jan 23, 2021 5:50 pm

I would bet on them ignoring it!

Sid

Stoker
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Re: Dealing with owners who break the rules?

Postby Stoker » Sun Jan 24, 2021 2:27 pm

Thanks Sid

Me too - but we couldn't allow it to happen without some reaction from the community.

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costakid
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Re: Dealing with owners who break the rules?

Postby costakid » Sun Jan 24, 2021 7:00 pm

It will take forever to sort. Expect the pergolas to be around for a few years if not forever.

Stoker
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Re: Dealing with owners who break the rules?

Postby Stoker » Tue Feb 02, 2021 4:47 pm

I expect so Costakid. One of the owners involved has responded by threatening to sue everyone left, right and centre. Apparently we can't do anything more until the situation changes and we are able to hold a meeting of owners.

El Cid
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Re: Dealing with owners who break the rules?

Postby El Cid » Tue Feb 02, 2021 5:18 pm

You won’t be able to do much then. The only people who can enforce the rules are the local council and they couldn’t care less about a pergola.

However, build a bedroom on top and that might be different!

Sid

qe2ex
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Re: Dealing with owners who break the rules?

Postby qe2ex » Tue Feb 02, 2021 9:32 pm

Stoker wrote: Sun Jan 24, 2021 2:27 pm Thanks Sid

Me too - but we couldn't allow it to happen without some reaction from the community.
Is there anyone except you reacting, Stoker?

Stoker
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Re: Dealing with owners who break the rules?

Postby Stoker » Wed Feb 03, 2021 4:23 pm

There's been a mixed reaction qe2ex from a few and no reaction from the rest. As President I felt I had to try to uphold the House Rules but I feel that this is the beginning of the end for our little building which is quite unique in the area from an architectural point of view. Disappointing that for years the owners have generally complied with the rules and now someone comes along who just couldn't give a damn about them. Unfortunately because of the pandemic there is only one person (non-Spanish) in residence in the building and these new owners have been able to take advantage of the situation. I just wonder what is the point of having a Horizontal Law and House Rules. Unless there is a commitment from the other owners to pursue it through the courts, which would take a lot of money and time, nothing will be done. There doesn't seem to be any other sanctions available.


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