Can they put TV aerial on the roof?

Q.

Can you enlighten me on the rules for installing a TV aerial on the roof over a first floor apartment to serve a ground floor apartment?
In a Community of Property Owners, can the first floor owner stop access to carry out the works or is the roof seen as part of the Community? The aerial would be fitted to a brick exhaust vent coming from the ground floor apartment. What rules are there?

B.B. (Costa Blanca)

A.

Normally, the roof of the building is considered to be Community property. Also, as standard, the Community should have one communal aerial serving all the television sets.
In your case, the owner wishing to install an aerial must seek the approval of the AGM to do this. Depending on the circumstances, this approval can be granted by a simple majority or a three-fifths majority.
Once approval is granted, the affected owner must permit access if that is the only way to the roof.
He has the right to be indemnified by the Community for any damages or problems caused to him by the works.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.