Community Approval for alterations to exterior of apartments

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07 Jan 2013 1:12 PM by helen177 Star rating. 8 posts Send private message

It was always my understanding that when applying for a licence to the Town Hall to make alterations to the exterior of an apartment you had to produce the minutes of your community meeting showing the communities approval for the work.

A neighbour has just informed us that he has obtained a licence to carry out works to change the appearance of the facade of his apartment but we know that he has not received the communities permission and, in fact, in the last minutes was told he had to put his proposal on the agenda of the next meeting for discussion.  We understand that all owners have to be in agreement for alterations to the facade of the property.

Are we right or are the two approvals separate issues?

Many thanks   helen177

 





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07 Jan 2013 2:32 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

You should get permission from your immediate neighbours then persent to President who will take it to AGM agenda for approval.

The permission from Town hall is needed obviously but does not overrule the Community decision.

To change the facade is not usually agreed as your statutes will probably say the exteriors must remain the same (if the exterior walls are structural and therefore part of the Community ) .



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07 Jan 2013 3:00 PM by johnzx Star rating in Spain. 5242 posts Send private message

Law of Horizonal Property

 

Section 7


1. Owners of individual units may modify the architectural elements, installations or services of their
unit, giving proper notice to the community representative provided such work not impair or alter the safety
of the building, its overall structure, its external appearance or condition, or prejudice the rights of another
unit owner.





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07 Jan 2013 8:25 PM by Jacksonsadmin Star rating in Marbella , Malaga. 78 posts Send private message

 Hello ;

Section 7 of the LPH applies as stated by John. Karen is correct in the process she describes in her mail.

The permission for building regulations granted by the ayuntamiento does not need to have the community's consent to be granted but may be conditioned with the same.

They are 2 seperate applications one to the town hall & one to the community. 

If the community statutes allow for the work to go ahead ( most forbid external appearence changes even colour change) it then comes down to the members voting by majority at a formal meeting to allow the works unless the statutes state a different percentage to be in favor. If positive the community would be unwise to not condition the grant as being subject to the consent of the ayuntamiento.

I hope this helps.

F.Parkinson Administradore

 

 

 



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08 Jan 2013 9:26 AM by helen177 Star rating. 8 posts Send private message

Many thanks for your comments.   It is very helpful to receive this information and lets us think the situation through to hopefully achieve the best solution.





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26 Jan 2013 7:23 PM by nitram Star rating in castalla. 175 posts Send private message

Do/have any other owners changed their apperance of their facade ¿, if so permission must of been granted at the time, if so this must of been on your community list of Permissions and in doing so others can do the same.





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