Communal areas change of use

Hello. Would anyone know if a community majority vote to change an existing communal garden to a playground, is their anything owners living beside the area can do to stop this? Thanks in advance for your help.

In short, I doubt it, since in Spain, kids rule, and showing any dissent may be unwise (think horses' heads on your pilow etc...).

However, there are a couple of points in the Horizontal Law which may be of interest. Section 11:2 says that any improvements adopted that are not specifically required for the correct maintenance, habitability, safety or accessibility of the premises, and whose cost exceeds the normal expenses for three months, dissenters cannot be made to contribute to - even if they can't be prevented from using the new facility (although if at any time they do take advantage of it, they will have to cough up with interest!) And section 11:4 says: "Innovations impeding or barring any unit owner from using and enjoying any part of the building shall require, in any case, the express consent of such owner". So you could argue that a kiddies playground will mean you cannot enjoy your property due to the little brats screaming during your siesta. But please re-read my first paragraph! Good luck.

Living beside a kiddies playground sounds like hell on earth to me, and I speak as a mother who doted  (and still does) on her kids! Good luck.

Regards, Poppyseed

Valverde.  Re: change community jardin to playground.  I doubt it.

However, if there is a piece of land on the Community/urbanisation, why not ask if it could be turned into a playground?  It would need to go through the President initially, via committee.  Worth a shot.

Yes if:

1.- The land is communal area of the Community of owners.

2.- It is allowed by the Planning department of the town.

3.- Unanimity of owners agree on that

Best regards,

Maria

Mariadecastro:  Obviously, you have to go through all the official channels.

Did I misunderstand valverde's post, or did others? The question seemed to me to be, once a majority vote has been made to change a garden area to a playground, can anything be done to STOP this?

 That's correct Roberto, how to stop this.

 Thanks.

Other sections of the Horizontal law that may be of help:

Section 18:1 - The resolutions of the general assembly may be challenged in court, in accordance with the
provisions of the general procedural law, in the following cases:
a) where such resolutions are contrary to the law or to the community statutes;
b) where they are seriously detrimental to the interests of the community and benefit one or several
unit owners.
c) where they are seriously detrimental to some unit owner who has not the legal obligation to sustain
such detriment or where they have been adopted in abuse of power.

Section 18:2 - Unit owners who expressed and recorded a dissenting vote at the meeting, those who were absent
for any reason and those who were illegally deprived of their right to vote shall be entitled to challenge
these resolutions. In order to challenge a resolution, a unit owner must have satisfied all community fees
due or, alternatively, must have consigned them in court before proceeding

Section 18:3 - The action shall prescribe three months after the adoption of the resolution by the general assembly
or one year in the case of resolutions contrary to the law or the community statutes. For unit owners not
present at that meeting the three-month term shall begin to count from the date of notification of the
resolution pursuant to the provisions of section 9.

Hope these may be of some help, but in all honesty, in cases like this, he who shouts loudest usually wins. If there are lots of families with kids in your community, I don't fancy your chances.

Roberto... you are now an expert legal guy!

Congrats and thanks,

MAria

 Many thanks for your help. (As much as I love children, I guess I'll be buying ear plugs!)

Quote Maria: "Roberto... you are now an expert legal guy!"

That's right folks, it's that easy to become a lawyer in Spain!!!!!!!!! (qualifications optional!)

Maria - gissajob! (roughly translated = ¡dame trabajo!)

Would you...?

Would I what? Give me a job? Yes, of course!

Would I want to work as a lawyer? Errrr.......no thanks!