Q. SOME time ago I read an article by David Searl which declared it was not necessary to seek permission from the Community to enclose your balcony with windows. I would be grateful if David can confirm.
T.T. (Costa del Sol)
A. I never said that. I reported that changes to the Horizontal Law made in 2013 now allow the Community to authorise the enclosure or glassing-in of apartment terraces.
Until 2013 the enclosure was illegal unless the Community voted unanimously at the AGM to change the Constitution and Statutes of the Community to register the new reality of a slightly larger enclosed apartment, with the corresponding tiny reductions in the shares of all the other flats.
Now, the Community can legally grant permission, by a three-fifths majority vote. The new enclosure will not alter the ‘cuotas,’ or participation shares of the flats.
If the President or the Committee authorises the enclosure, it still must pass the AGM.
Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at
Ask@lawtaxspain.com, or call 952 667 090.