Use of community land - General property discussion in Torrevieja - Torrevieja forum - Costa Blanca forum in the Alicante province of Spain
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Use of community land

Posted: Mon Jan 24, 2022 5:30am
3 replies111 views3 members subscribed
Fab

Posts: 8

Location: Torrevieja

Joined: 1 Nov 2020

I would like to know what right one has to use community land for private use?

How long does the period of used community land last before it falls into prescription?

With what % of meeting participants has to be present at the meeting to give permission for the personal use of community land and what % have to vote in favour?

killjoy

Posted: Mon Jan 24, 2022 8:44am

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Mon Jan 24, 2022 8:44am

Have a close look on the community's by-laws. You cannot alter or modify anything on common property (balconies, terraces, fassades etc.) w/o permission of the community. 

Fab

Posted: Mon Jan 24, 2022 9:46am

Fab

Original Poster

Posts: 8

Location: Torrevieja

Joined: 1 Nov 2020

Posted: Mon Jan 24, 2022 9:46am

killjoy wrote on Mon Jan 24, 2022 8:44am:

Have a close look on the community's by-laws. You cannot alter or modify anything on common property (balconies, terraces, fassades etc.) w/o permission of the community. 

Good morning Killjoy,

Thank you for your helpful reply. 

Where from can I get the by-laws? What are they called in Spanish?

Someone has already taken some community land years ago. A person in my community in 2006 has taken community land for his drive in gate, garage roof overhang and rainwater downpipes. Now others have copied him and the situation is getting out of hand. Can I still do something legally about it?

Kind regards

Fab

Kimmy11

Posted: Fri Jan 28, 2022 7:05pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Fri Jan 28, 2022 7:05pm

Hi Fab,

I think you need to read Spain's Horizontal Property Law, which regulates Community properties:

https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906&tn=1&p=20190305&acc=To+choose&fbclid=IwAR1u0LsnQodXye8EXneY3G_qA3Sw0gmn9W_z2ky99t2JadRjhzHy8kXxQWU

I assume you pay fees to the administrators of a Community of Owners?  All Communities must have their own regulations, which should define those parts in sole ownership by individuals, and which parts are owned jointly by all community members.  A combination of the Law and your Community regulations should provide the answer you need.  If not, you should ask your Community president or administrators.

Kind regards,

Kim

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