30 Oct 2025 9:04 AM:

Yes, you can act. What you describe is private appropriation of common elements, which is not allowed under Spain’s Horizontal Property Law (LPH).

1. Paper trail first: get the community Statutes and Internal Rules, the last AGM minutes, and take photos of the encroachments.

2. Formal notice: write to the President/Administrator (recorded email or burofax) asking for removal and restoration of the gardens to common use, citing LPH duties not to alter or occupy common areas.

3. Put it on the agenda: ask for this to be included at the next meeting; if refused, owners holding 25% of quotas or heads can request an extraordinary meeting.

4. Vote & enforce: approve an Internal Rule (simple majority) banning private storage/equipment in gardens and authorizing removal after written notice. If they ignore it, the community (via the President) can file an acción de cesación/reposición to compel removal and claim costs.

5. If the President is also infringing: add a point to revoke/elect a new President and to mandate enforcement across the board.

Don’t do “self-help” (cutting lines, etc.). Build allies, document everything, and use the meeting + enforcement route — it works. If you want, I can share a short template for the meeting agenda item and the initial notice.

Thread: Community garden areas

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30 Oct 2025 9:00 AM:

That´s it.

Under Brussels IV (EU Reg. 650/2012), as UK nationals resident in Spain you can choose the law of your nationality (e.g., England & Wales) to govern your entire estate in your Spanish wills (professio iuris).

If that law doesn’t impose forced heirship, Spain won’t apply Spanish legítimas—so you can leave everything to each other and, ultimately, to charities. Note: this doesn’t change Spanish inheritance tax treatment.

Practical tip: include an explicit choice-of-law clause in each Spanish will; without it, the default is your habitual residence (Spain) and Spanish legítimas could apply. If a notary resists, ask for wording that cites Brussels IV and (if needed) a brief certificate of UK law.

 

Thread: Arranging a Spanish Will with caveats, any help greatly appreciated?!

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30 Oct 2025 8:50 AM:

My best advice: have an independent lawyer from day one — not one recommended by the agency or seller.
They should review the agency contract, the arras (deposit) contract, check the property registry for debts/encumbrances, verify Catastro vs. Registry, habitability license, and that community fees and taxes are up to date.

This alone can save you a lot of headaches later.

Thread: Property in Spain?

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30 Oct 2025 8:47 AM:

I love those forums too ( part of my vocation as a lawyer and company owner is to teach the audience... that´s why have been contributing here since 2006 and am happy to answer any Legal or Tax question/s in Spain ;)

Thread: Owning a Spanish car as a Non-Resident

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28 Oct 2025 12:04 PM:

Frenchie: Did you solve your problem?

Best wishes

María

Thread: Builder changed quote and over charging. Threatening court if I don’t pay the extra

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