Join the Torrevieja forum

My name's Alex and this is my website all about Torrevieja in Spain. Register now for free to talk about General property discussion in Torrevieja and much more!

Use of community land

Posted: Mon Jan 24, 2022 5:30am
chat_bubble3 repliesvisibility111 viewsadd_alert3 members subscribed

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?

Posted: Mon Jan 24, 2022 8:44am

killjoy

Super helpful member

Posts: 3230

star1852 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. 

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

Posted: Fri Jan 28, 2022 7:05pm

Kimmy11

Legendary helpful member

Posts: 6872

star12569 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

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more General property discussion topics from a particular area: