Can they take legal action?

Can they take legal action? Credit: Shutterstock

QUESTION: Our community has some villas on plots and some attached row houses. All the houses have the same roofs with roof-tiles. One owner has created a new living area by enclosing and roofing his small garden. This was done with no permission from the neighbours or the Community. Another owner demolished his tile roof and replaced it with a flat terrace, altering the general appearance of the whole housing estate. The Community AGM was never informed of these constructions even though the town hall issued a building permit for the terrace. Can we take legal action against these constructions?
P.V. (Costa Blanca)
ANSWER: Yes you can. In the first case, construction of a new covered area means that one owner now has a larger share of the entire property and should pay higher community fees. In the other case, one member of a community may not alter the external appearance without approval of the AGM.  You should place the issue on the official Agenda for the next AGM.  The community can seek a court order to have the new construction demolished and the original appearance restored.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.