Can they replace the awnings?

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RENTING HOMES: The 16 to 29 age group is the worst-affected by higher rents, the Bank of Spain survey found. Photo: Shutterstock


QUESTION:

We live in a small community of four apartments on the main street of our village. We are the only full time residents. Each apartment has toldos (awnings) on the front balcony and all are in a very bad state of repair but matching (yellow/grey striped).  Three owners agree that the toldos need replacing and to replace with either plain grey or yellow which would bring a much more modern look to the building. But the owner who acts as our “community leader” says that we have community rules and she wants written confirmation that we all want the awnings replaced. Never have we received any community rules or had a meeting for the last five years. Could we go ahead and get the new material without further talks?

ANSWER:

Yes, you can.  However, it seems to me that you do not have a Community of Property Owners properly constituted under Spain’s Law of Horizontal Property and registered with the Property Registry. This requires formal election of a president and yearly AGMs. This is not obligatory for buildings of four or less apartments but it is a good idea.

1 COMMENT

  1. We have an apartment in El Higueron, Urbanisation, Fuengirola, since 2003, It’s a beautiful place to live. There are two large communal pools. Between the pools, there is a pond, which is also lovely. The problem is, from April until late July, as soon as the sun goes down the bullfrogs living in/by the pond start screeching and keep on until the sun rises the next morning. When I say screeching, it is so loud we can not hear ourselves speaking when we are on our balcony. We can still hear them when inside our apartment even with the doors and windows shut. This is the same for all the residents near the pond.
    I have asked the president of the urbanization (who does not live on the urbanization) to do something about this problem. He simply says that the frogs are part living in Spain and that they are a protected species. The frog noise is making our lives a misery, is there anything we can do? Your help would be greatly appreciated.

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