19 Dec 2011 11:06:

Thanks Maria!

If this is the only solution, I will try that but I have my doubts.

Last time I went to court (Juzgado de instruccíon ) for have being assaulted on the street, it took two years and when it came up in court, too long time had elapsed, so there could not be any trial! Only result I became 650 € poorer.

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18 Dec 2011 22:31:

Yes.

"6. No alterations are permitted to the exterior of your property unless consent is first
obtained from your neighbours. The second process is to make a formal request
for consent from all the owners at the next AGM. If consent is given, the third
step is to obtain a licence for the alterations from the Town Hall. Until all three
processes have been passed no building works or alterations to the exterior can be
made. Legal action will be taken against owners who do not comply with the
above rule."

First they planted a palm tree. Then they put up a railing with a mat of pins. This has disintegrated so now they have built a canopy (2,5 m in height)  under the palm tree. All these measures does not seems to give them any benefit as it is in a shady corner of the garden They have argued that we are not allowed to sit near their garden as we might look into it! This is the only place where we have (or had) a view over the coast and sea.

I have written to the President and the Administrator and referred to section 7 in HPA. The Administrator says it is not a community matter. Our new president has talked to our neighbour several times but they refuse to lower or take down the canopy. I plan to bring this up in next AGM but it is not until October, so we will miss another summer in the shade looking over the Mediterrian Sea.

Advise within the law, please .

 

 

This message was last edited by arne56 on 19/12/2011.

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18 December 2011:

We had a wonderful sea view. Now it is blocked by our neighbour. We have talked/shauted to them, we have informed the administrator, we hav had sevel meeteng whith the president. No result!

What would you suggest for next step?

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18 Dec 2011 21:09:

As beeng from Sweden, I think there is too much fencing in Spain. I understand that farmland sometimes has to be fenced to protect it from animals, but unculivated land should be open for anyone to walk on. In seden you are also allowed to pick anything (whith some exeptions) that growes on the ground.

Or is it that the fesing is to stop people to throw garbage into the private land?

Referring to Sweden again you should not be allowed to hunt on others private land wihithout permission and licence.

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15 Dec 2011 16:02:

Thanks Maria, but my question was: who owns this parts of the building?

Pools, streets, drains and common gardens as well as common stairs are owned by the Commonhold. Felix says that "cubic air space within the inner surface of the boundary walls ..." belongs to the individual owners. This means, that the wall between two apartments belongs to the Commonhold. Can this be applicable to our quatro as well? And who owns the walls between our gardens and who owns the wall between our garden and the commonhold street?

 

The other point is the guarantee. Maria wrote: "Every case is different, but it is important to note that every builder has a legal obligation of hiring and paying an Insurance to cover building deffects during 10 years after the delivery of the building"

This sounds nice on paper but we all know how the reality. We have no information of such a insurance and the builder says the 10 years guarantee is only for "infrastructure" and by that he means the pillars and the concrete floors.

And how do we get our right against a corrupted builder who know all the tricks? We take him to the court and wait 4 years and pay a lot and lose anyway!

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