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18 Dec 2011 12:00 AM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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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 9:42 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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Is it that they have erected some sort of wall or something that isn't allowed by the community rules?

Let me know.

Justin



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18 Dec 2011 10:31 PM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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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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19 Dec 2011 9:33 AM by mariadecastro Star rating in Algeciras (Cadiz). 9364 posts Send private message

Legal Questions? Speak to Maria Direct

 The quickest way to solve this type of issues is, a judicial procedure called " Interdict". It is an urgent measure while the matter of your rights/their rights is being discussed.

You need lawyer, Court agent and Courts for this.

 



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

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19 Dec 2011 11:06 AM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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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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19 Dec 2011 12:04 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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Maybe this is something that you need to get included in the agenda for the next AGM.  If it affects you I'm sure others could do the same which would then affect other owners.

It is unfortunate when stuff like this happens as you then end up falling out with your neighbours which is never a good thing.

The other thing you could try is filing a "denuncia" with the local police, if what they have done is illegal. In our area the local police are normally really good at dealing with this sort of thing...I have their number on speed dial on my phone

Best of luck with it and let us know what happens.

Justin



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20 Dec 2011 9:34 AM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Unfortunately, from my experience, once something has been built ( with or without Community consent ) it usually stays!!

If there was no permission from the Community and it is raised at the next AGM, 10 to 1 owners won't want the hassle and the majority will vote to accept whatever.

It is sad that although whatever has been built affects you the chances are the rest of your Community may not care because they are not affected directly.

I hope I don't sound too synical ! but certainly, in my experience, this is the way things happen here!



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