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Tuesday, February 05, 2008
Tony Rodia
Parcela
I've made 4 posts
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I am sure many readers will have encountered problems regarding community
law and how the law is interpreted by those administering it.
I bought my town house in May 2004 and contribute 19% towards community fees
which I believe is for the maintenance and up keep of the communal property
areas or land owned by the community including Swimming pool, lighting, carp
parks and gardens.
My dilemma is as follows, the committee expect me to maintain and pay for
two gardens adjacent to my house stating that the previous occupier paid for
a gardner herself.
I have repeatedly raised the question on the validity by the community not
to include as part of its responsibility the garden maintenance of those
community gardens adjacent to my house.
There appears to be no mention of any individual responsibility to the
maintenance of the gardens in question in the Escritura signed in May 2004.
The Escritura does highlight the need for a general maintenance fee which at
the time was set at least 800 euros for the purpose of the upkeep and
maintenance of the urbanisation which includes the swimming pool, lighting
to selected areas and garden areas.
It is understood that the garden areas in question belong to the community
together with other garden areas around other dwellings. That being the case
how can it be that other garden areas at the front or back of properties are
paid for by the whole community including me and that I should receive no
contribution from the community to maintain those at the side and back of my
property.
Any advice greatly appreciated
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05 Feb 2008 5:09 PM
Karensun
Villa
I'm in Orihuela Costa
I've made 1261 posts
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The question is simple.............................are the garden areas you mention, which it seems you are expected to maintain, on YOUR DEEDS?? Has there been a law passed by the community that these areas must be maintained by you?
If not, then it doesn't matter what the previous owner did, they are NOT your responsibility.
The Presidente has the ultimate responsibility for carrying out the wishes of the Community, voted upon at a properly conviened AG or EGM. Niether him / her nor the Committee has the power to do anything other than ensure that these things are carried out, unless of cause it is an emergency.........and the maintainacce of gardens is not.
Find out first whose garden it is and then state your case in writing to your Presidente with a copy to your administrator and if it is Community garden you have every right as a Community fee paying owner to have the Community property maintained.
This message was last edited by Karensun on 2/5/2008.
_______________________
 ' Do unto others as you would be done by'
Don't give me grief, I can find it by myself 
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05 Feb 2008 6:32 PM
mariadecastro
Finca
I'm in Algeciras (Cadiz)
I've made 912 posts
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... and in order to check if the gardens belonng to the community of owners or what kind of ownership are on them, ask for the deeds of Horizontal Division and New Work to your Property Adminsitrator.
Do it in writing.
Go!
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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