Help please re urbanisation rule liability

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08 Jul 2010 12:00 AM by annclark Star rating. 17 posts Send private message

Hi

I should be grateful if anyone can tell me how the law stands regarding the following:

I am thinking of renting our part of my house.  In the event that my lodger does not obey Community rules,

would like to know whether or not, I as owner, would I be liable for their actions.

Many thanks

Ann C 

 

 





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08 Jul 2010 5:12 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Answer in a nutshell.....................YES.



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08 Jul 2010 10:29 PM by annclark Star rating. 17 posts Send private message

Hi Karensun Thanks for your reply, you sound very sure that is the case, do you have legal knowledge?

 

 





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09 Jul 2010 3:06 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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No Ann, I have no legal qualification but my husband is President of our Community.

If you look at the Law of Horezontal Property you will find that the owner of a property is responsible for his/her tenants actions.



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09 Jul 2010 4:29 PM by Hammer100 Star rating in Camposol, Mazarron. 94 posts Send private message

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No disrespect to anyone but if your looking for an answer with 100% legal knowledge on this sort of thing or anything then BB are not the place to look for one.

 



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09 Jul 2010 4:39 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Hammer 100.........................if you look on EOS you can download the Law of Horizontal Property with it's English translation.

Every owner should have knowledge of this as it will explain what you can and cannot do etc etc.

Of course, if you need 100% legal knowledge, you would have to go to a Lawyer, I would not dispute this, however Ann asked where I had my knowledge from and I told her. It comes from living here 8 years and the last 4 with my husband as President of our Urb.

Ann's question was  pretty simple to respond to and I did, which is what EOS is all about.


 

edited for spelling.



This message was last edited by Karensun on 09/07/2010.

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09 Jul 2010 6:11 PM by Hammer100 Star rating in Camposol, Mazarron. 94 posts Send private message

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Karensun I didnt mean any offence I was more directing towards the op. You will find that some people will assume whatever they hear on a BB is correct. I did see that you stated that you had no legal knowledge and can work out you were just helping someone out and as you have lived here 8 years then you I am sure you are aware of alot more than someone who hasnt and as your Husband is President of your Urb then he too probably has alot more knowledge on these matters than most of us.

The way the op asked "do you have legal knowledge?" then you would assume they were looking for a legal answer. Liability is a funny and tricky thing......17 years of being involved in it taught me that.

EOS is about this I am not disputing that, have not been a member long and found some very informative information and some tips/advice from members already.

 

 



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09 Jul 2010 6:45 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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ok. No offence taken and I take your point.



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09 Jul 2010 9:35 PM by annclark Star rating. 17 posts Send private message

 Many thanks to both you Karnesun and Hammer 100. I much appreciate your interest.

I have now looked up The Horizontal Law which states:

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 meeting ................
 
I assume that this applies to houses and community areas as well as an apartment in a building.
 
So it looks like anyone flouting community rules can carry on doing it until a AGM or EGM has been called and a vote
has been passed in favour of taking court action against the owner. 
 
Very long winded isn't it?
 
Thanks once again 
 
 





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