AGM approval needed?

Question - EWN I applied for the building permit from my town hall to change a window to a door. I received the permit and posted it on the wall outside.

I had previously asked the president and the vice president if this change would be possible. They agreed and I have an email from them saying so. We now have a new president and we also have a new administration office for the community.

They say that if I don’t voluntarily put the window back that they will take me to court. They say the owners of the community did not give their permission. So I presume the former president didn’t put it into the AGM. What is your view?

K W (Costa del Sol)

Answer - EWNThe Horizontal Law specifies that this type of modification of an exterior element requires the approval of the AGM.  Your neighbours may be affected by the change.

Your former president did not seem aware of this. In your case I would ask the new administration if they would accept an AGM approval now, after the fact. Try to stay out of court.

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.


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