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Don Juan forum threads
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01 Nov 2007 5:40 PM by Sonia El Star rating in Wales / Carvajal, F.... 212 forum posts Send private message

Hi Max

This is quite worrying.  I hope it's not Brits as we've a bad enough reputation for taking over things without upsetting a multi national community. Was it Brit installers or should that be cowboys?  I also hope that this will not give ammunition to the community take over bid?

As much as I enjoy my Sky viewing I'm happy to go with the flow and have whatever's available. Watching Spanish television will improve the language skills.  Bachir frequently watches TVE on Sky.  I understand about ever 50th word.  As long as I can watch my Spanish football I don't care what language the commentary is in.

 

Sonia




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01 Nov 2007 5:48 PM by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi this is why i asked how many people in each block to see if we could share 1 sky dish with less mess to everyone.But i think not many people no about this site and dont no they can share a sky dish.Also they dont no they have to ask the community first bye irene/peter


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01 Nov 2007 5:56 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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The Spanish see Don Juan as an outstanding architectural design which is very pleasing to the eye. They are also very concious of how a well disciplined community where everything matches enhances property values by as much as 20%.

We, on the other hand, see Don Juan as a group of apartment blocks built on the side of a very steep hill using mustard coloured cement. We do notice the gravity defying balconies but more because we are glad they seem to stay up than because we see them as architecturally beautiful. To us satelite TV and aircon are essential and we don't understand why anyone should object to us having them installed. We are also not used to being patient and so some have installed dishes for our own use.

For us to live together in harmony we both need to understand each other. We need to have respect for our hosts and what they value. They on the other hand need to help us by providing us with a way that we can have our precious Sky and aircon without upsetting our neighbours. To avoid many more people putting up unapproved dishes the community will need to do this as quickly as possible.

If the developer is defeated next week with the support of the ex-pat community I will be pressing Max to ensure that they come up with firm proposals for the planned community meeting in December.



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01 Nov 2007 6:54 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi David,
You don't need to put pressure on to me as I have already on my own accord invited a decent installer (not the cowboys who did this) for a quotation for communal dishes. His offer includes two dishes serving Sky as well as most of the European satellites. You (the owner) decide which one you want to connect to and buy the appropiate set top box etc. So no you don't have to miss Coronation street while being on your holiday.
The question remains if the community as a whole will decide to spend money on it or just the people who want to use these faciltities, but that's an easy thing to settle on at the next meeting.
And to answer Sonia's question: yes there are British people (other nationalities have no interest in Sky at all) and installed by British cowboys. I actually warned them that it was of course not allowed but they couldn't care less just like their clients. Same goes for the aircons.



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01 Nov 2007 7:05 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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Forgot to answer Gericomm,
Yes that information is correct except that you really need a very big dish at the costa del Sol to receive Sky. To have good reception you need something like 1,80 meters. This is because Sky is trying to detoriate the signal on purpose. They are not allowed to broadcast outside of the UK and all Sky set top boxes in Spain are considered illegal by them.
The majority of the Spanish won't be interested in a satellite receiver because Spain already has digital terrestrial television which is a very advanced system and enables them to pick up thousands of broadcasters without any dish.



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01 Nov 2007 7:18 PM by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi max does the spanish tv have any news in english or any tv channels in english thanks irene/peter


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01 Nov 2007 8:02 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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We watched the Brazian Grand Prix on a UK TV with built in Freeview plugged into the Don Juan aerial. It was very entertaining - the picture was what we were used to and the Spanish commentary added a comedy dimension. The UK Freeview decoder picked up the Spanish Digital Signal automatically. we did not find any dedicated English channels - even CNN was in Spanish but if all you want is for example the BBC News24 service - it is worth checking with a local TV installer if it is broadcast by the Spanish before investing in Sky - it is possible there is some English Channels on the free Spanish Digital Service. You can connect to this simply by connecting your TV to the socket in your living room using a normal co-axial cable but you need a Freeview decoder to pick up the digital channels.

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01 Nov 2007 8:17 PM by Mozza Star rating. 54 forum posts Send private message

Hi Max  and Davmunster

Even though we have made it quite plain that one of our requirements is some form of sky/cable tv so that I can watch Coronation Street ( saddo ) and Chris can watch the footie but we would not dream of doing anything without the community agreeing.- (We just hope that it will be a majority request and will be passed  ) -I do believe that there are quite a few of us who do want it and some may not even have mentioned it yet

If the illegal dishes have been put up solely by the Brits then I like some others of you are disappointed at their actions. In there defence perhaps they do not really realise that Don Juan like any developement in Spain is a community and issues are dealt with properly by vote at meetings. Are any of them known to the forum, - Could they just be 'rental' properties which is more attractive with all mod cons......

The problem is how would anybody actually get them to remove all these illegal fittings - either dishes or aircon ? If the elected officers from Don Juan are ignored can you actually remove things by force ? - If these people have put these things in without any regard for others then are they really going to take any notice if someone demands that they remove the offending objects. If not that could leave the 'law abiding' citizens with no choice but to do the same............which would obviously lower the tone even more as they say

With all the other more important problems to deal with it will be a great pity to create a divide between neighbours whatever the nationality because of this  - Obviously to stop this 'disease' spreading I agree with Davmunster it needs to be addressed properly and quite quickly it seems 

 

 




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01 Nov 2007 8:59 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Hi Mozza

I agree that many simply do not know what the rules are or how you are supposed to act when you are part of a community. We (the English speaking part of the community) need to play our part in ensuring that our neighbours know the rules.

The Horizontal Property Act (section 7 for the anoraks) puts an obligation on the president \ vice president to "urge the offender to desist under admonition of a court order". The legal process therafter is very robust. A written warning is issued. If it is ignored the community can apply to the court for an injunction. If this is ignored the next stage appears to be "the deprivation of the defendant's right to use the premises for no more than 3 years"!

I am sure it rarely goes that far but the community has all the power it needs to deal with offenders!



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01 Nov 2007 9:31 PM by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi i think we should have put a letter in every apt post box as people where moving in to tell them they needed the community to pass a vote on these things.I still think people did not no they needed to wait for a vote on this.Also not everyone is on the web bye irene/peter


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02 Nov 2007 12:15 AM by gericom99 Star rating in Offaly, Ireland / Ca.... 270 forum posts Send private message

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I think, to be accurate, Section 7 (2) of the Horizontal property Law refers specifically to unpermitted "activities"  by owners or occupiers such as activities causing damage to the property, those not permitted by the statutes, or unhealthy noxious hazardous or unlawful activities.  If the offender persists in such activities court proceedings can ensue.

I am not sure if erecting a satellite dish falls into this category since the law also makes specific provision for any owner to request this facility, which can then be agreed by a third of the members and I think such a motion would be approved relatively easily. .  However there seems to be no doubt that permission is required and damaging or altering communal elements without proper authorisation is not permitted.

As Max has said several times, we are the community and any owner can get a matter they have concerns about placed on the agenda for the following community meeting. All owners must get proper notice of the agenda, date, time & place etc. of a meeting so that an opportunity to vote is available.  I suppose the biggest problem for most of us will be to coincide our visits with the meetings and have the (dubious) benefit of listening to various points of view (in Spanish or English) for several hours. Nevertheless we cannot expect to have  good administration without some pain!  

This message was last edited by gericom99 on 11/2/2007.


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02 Nov 2007 8:23 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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The fourth dish is going up while I type this. I -according to law- need to explain and warn people that  it is not allowed so I did. I won't do it again. People start shouting at me and tell me that I'm taking money for being vice-president. In reality it has costed me a lot of money because the developer tries to put me out of business and you don't get money for being vice-president or whatever.
The (again English) people who want the fourth dish say the can't receive digital terrestrial television which if true would be easily fixed and stated that they are entitled to Sky anyway. The installer of the dish started shouting at me, so at the next meeting you can elect a new vice-president. I have had it by now. I want to have a proper breakfast and don't like to be insulted. By the way they asked me for the key for the communual room where the amplifiers etc are. Funny people...



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02 Nov 2007 8:31 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Gericomm,
You're right (as is often the case) but our community stated in the last minutes that:

Además de estos conceptos puntuales, la administración advierte que la colocación de aparatos de aire acondicionado, antenas parabólicas y demás elementos que puedan dañar la estética o la seguridad y confort de los residentes, serán susceptibles de ser denunciadas en el momento de la aprobación de las Normas, con independencia a las acciones personales que quieran o puedan emprender los vecinos a mutuo propio.




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02 Nov 2007 9:12 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Mozza,
Overlooked your post. I completely agree with you. On your question if maybe people are not aware of the issues and that it's illegal according to the decisions made by the community I want to make a comment.
All dish installers have been warned by me personally and three out of four well in advance of ordering it. From the four dishes at least two owners actually voted at the meeting and declared them to be illegal until decided otherwise. (which was the general drift of the first meeting: we all realized that there were not enough people with voting rights so we tried to postpone as much as possible to the next meeting so that everyone had a fair chance to air his opinion on the community rules).



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02 Nov 2007 10:49 AM by Sonia El Star rating in Wales / Carvajal, F.... 212 forum posts Send private message

I think Irene's suggestion that a mailshot goes to all apartments is a good, if time consuming, one. I know you said that currently information gets sent to all registered addresses but would some of these, for those of us yet to complete, be our lawyers?  Sorry I'm still trying to get my head around all the complexities. I was thinking a letter from the President, Vice President and Administrator in possible Spanish and English outlining the community regulations put in everyone's box or even under the door?  It would avoid face to face confrontation.  Well done Max for trying. It's not pleasant trying to dissuade someone from doing something as I've learnt myself living in a flat with arrogant neighbours.  (don't start me on that one!)

If I hadn't stumbled across this site I would have known nothing about community regulations etc. and would have relied on my lawyer or the developer to inform me. In England when you buy leasehold property the terms include responsibilities of both you and the freeholder.




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02 Nov 2007 11:30 AM by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi if i was over i would have sent letters to all apt my self  in there post box or under doors but dont no any spanish bye irene


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02 Nov 2007 12:58 PM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

I think the idea of putting leaflets into everyones letter box is a good one, and it would not take that long, as all of the post boxes are together on the wall. The only problem I see with that, is how often will people remember to check their post boxes. Maybe puting them under the doors might be better. Another issue would be the translation. There are a number of nationalities and languages on the development from  Spain, England, Ireland, Holland. Denmark, Scotland, Usa, Birmingham(only joking Mozza). Dont know if there are any others, Max would probably know, maybe French ? There are some free language translators on the internet, just go into google an search. How accurate they are, I dont know.

Westport




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02 Nov 2007 3:19 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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The free translator tools are fairly crude but they are better than nothing. For example Max suggested I use Bebel Fish. This is the translation by it of the extract from the minutes of the last meeting quoted by Max yesterday:

In addition to these precise concepts, the administration notices that the positioning of apparatuses of conditioned air, satellite dishes and other elements that can damage aesthetic or the security and comfort of the residents, will be susceptible to be denounced at the moment of the approval of the Norms, independently to the personal actions that they want or they can undertake the neighbors to own mutuum.

Seriously I think we only need to have it in English and Spanish. Most of the offenders are English speakers and the good people form the Netherlands and Denmark are a lot better at English than we are at Dutch or Danish!



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03 Nov 2007 6:58 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi,
 
Spanish and English would be enough I guess, but the problem is nobody seems to open his mailbox. As the postman still doesn't accept this place as a proper address most people ignore it.
 
Putting something under the door is physically impossible. We just found our printer back between the hundred unopened boxes so I think if I have some spare time I could put out a notice in the hallway. However I don't like the whole 'policing' thing and it doesn't help either because if I warn people that it will probably cost them some money for repairs and the dish will be useless they just shout at me.



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03 Nov 2007 7:20 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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I know reading law is not everyone’s favourite pastime and I sympathize with that feeling, but I think it’s really important that people are aware that there are laws in Spain and that they are quite firm. They are carried out as well. Lots of court cases!
 
In the article below it basically says that you can sometimes alter your own apartment within all kind of limits and that you can never alter the rest of the building. The penalty is that you have to remove it, repair the damage and can be deprived of your right to use the property for up to three years. So only if the community allows you to do something very explicitly you can do that. The default is that you can’t.
 
Section 7
1. Owners of individual units may modify the architectural elements, installations or services of their
unit, giving proper notice to the community representative provided such work not impair or alter the safety
of the building, its overall structure, its external appearance or condition, or prejudice the rights of another
unit owner.
Unit owners shall not make any alteration whatsoever in the rest of the building. If unit owners notice the
need for urgent repairs, they shall bring it to the attention of the administrator without delay.
2. The owner and the occupant of a unit shall not carry out in such unit or in the rest of the building
any activities not permitted in the community statutes, or which may cause damage to the property or
contravene the general regulations concerning inconvenient, unhealthy, noxious, hazardous or unlawful
activities.
The president of the community, on his/her own initiative or at the request of a unit owner or occupant shall
urge the person or persons carrying out the activities banned under this subsection to desist under
admonition of court action.
Should the offender persist in his/her conduct, the president, subject to the authority of the meeting of the
owners’ general assembly, duly convened for this purpose, may undertake an injunction procedure, which,
insofar as not expressly provided for in this section, shall be settled by ordinary proceedings.
Once the action is brought, including the accreditation of the authoritative notice to the offender and the
certification of the resolution adopted by the general assembly, the judge may order as a precautionary
measure the immediate cessation of the prohibited activity, under admonition of incurring an offence of
disobedience. Furthermore, the judge may adopt any precautionary measures necessary to enforce the
injunction. The action shall be brought against the owner and, if fitting, against the occupant of the unit.
Should the court adjudge in favour of the plaintiff, it may decree, besides downright cessation of the
prohibited activity and award of damages as may correspond, the deprivation of the defendant’s right to use
the unit for no more than three years, depending on the seriousness of the offence and detriment caused to
the community. If the offender were not the owner, the judgement may definitely terminate the offender’s
interest in the unit and decree his/her immediate eviction.



This message was last edited by max! on 11/3/2007.


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