TV problem with community 'rules'. Help?

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26 Apr 2012 3:20 PM by Fighter2 Star rating. 237 posts Send private message

Just one correction to the last post and I cannot stress this enough...

The administrator has no authority or right to take any owner to court... only the owners themselves can determine to take someone to court and then only the President can give the final ok for it to happen and represent the community in court.

I'm not being pedantic here just alerting that one of the major causes of administrators running the show is because we allow that situation to prevail, once in control they will control you and every owner that dares to question them, don't allow it to happen get a strong committee and a strong President and make the administrator WORK for you not the other way round!!

Barry





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26 Apr 2012 3:40 PM by Zena143 Star rating. 22 posts Send private message

Tell me about it.  Hear Hear could not agree more





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26 Apr 2012 10:33 PM by Jacksonsadmin Star rating in Marbella , Malaga. 78 posts Send private message

 Interesting coments on Administradors & Presidents threatening or taking legal action against community members.

Firstly for a administrator or President to issue legal action against any community member they must have a majority vote for the same at a formal meeting.In the case of debtors it must be docmented in the Acta that the votors where made aware of the who the debtor is along with his address & the aging of his debt.The acta must be presented as part of the demand in court.

I also find interesting the coment with regard to Administrators running communities.The administrator is elected by the members( not the president) to represent all of them & has a duty of care to the same.

If you are unhappy with your administrator then vote him out at the next AGM or add a election of the same to the agenda of the next formal meeting.

 

F.Parkinson  Jacksons Administradores



_______________________

f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com




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08 Mar 2016 4:42 PM by harvestor Star rating. 2 posts Send private message

As new property can you  help please re  dispute with community as there are 22 dishes on the roof of our appartment block

the president has requested these be removed and replaced  by communal  dishes

do we have the right to withold service charge as we are doing at the moment as we are making our own  private arrangements 25 euros per month for 4G broadband + internet via smart box + euro net internet provider

we have requested  an EAGM to resolve this dispute later this month which has been arranged

what is our full legal rights

many thks

 





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08 Mar 2016 5:38 PM by windtalker Star rating. 1949 posts Send private message

This thread is 4 years old .



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08 Mar 2016 6:05 PM by harvestor Star rating. 2 posts Send private message

As new property owners  can you help please re dispute with community as there are 22 dishes on the roof of our appartment block

the president has requested these be removed and replaced by communal dishes

do we have the right to withold service charge as we are doing at the moment as we are making our own private arrangements 25 euros per month for 4G broadband + internet via smart box + euro net internet provider

we have requested an EAGM to resolve this dispute later this month which has been arranged for later this month

what is our full legal rights ?

many thks for your help





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09 Mar 2016 7:56 AM by satandpcguy Star rating in Gandia, Valencia. 399 posts Send private message

satandpcguy´s avatar

If you want to know your legal rights re a situation best get a lawyer.

But as I understand it the president can request the removal of many satellite dishes and replace them with communal satellite dishes.

How this works with internet dishes I do not know...



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09 Mar 2016 4:16 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Here below you can find rules for Community of owners in Spain:

http://www.costaluzlawyers.es/blog/spain-2013-property-communities-act/



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

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17 Apr 2016 9:22 PM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Spanish Community rules suggest personal to dishes are not permitted.

BUT under European Directives

Satellite dish planning regulations in Costa Blanca, Spain

 

 

EU directive IP/01/913 - 2 July 2001. 

 

 

Commission sets out the right to use a satellite dish in the internal market.

Administrative obstacles:It is not acceptable to make the installation of a satellite dish subject to systematic prior authorisation or completion of a complex and expensive administrative procedure.

Simply put, it is within your rights as an EU member citizen, to receive your own language television in a fellow EU member state, via a satellite dish - without planning permission or taxes.
 

 

Click for downloadable PDF - EU directive - In English

 

Click for downloadable PDF - EU directive - In Spanish



Summary

 

Coast Rider - October 2008 - Satellite Dishes in San Fulgencio


Following on from last weeks article on the requirements laid down by the Town Hall in San Fulgencio for permissions required to erect a satellite dish, the Coast Rider received a communiqué from one of the residents, who had been in touch with Mike Blake, one of the AIM councillors in San Fulgencio. Mike sent a copy of an extract from the European Community website which would be of interest to those thinking of erecting a dish. The whole document is rather long winded but the following are the salient points, which should be of interest to many readers.


The European Commission has adopted a Communication in which it states that private individuals should be free to use satellite dishes without undue technical, administrative, urban planning or tax obstacles.


This communication is the first initiative under the new Strategy for Services, launched in January 2001. One of the many concrete benefits for European consumers is the free movement of goods and services within the Internal Market. The communication stresses that private individuals, as the final users of these services, can cite the free movement of goods and services, fundamental principles which must be directly applied in national law. In addition, the right to receive information via satellite dish is related to the fundamental right to freedom of expression, which is established by the European Convention on Human Rights.


Technical barriers: Regulations on the characteristics of satellite dishes can hinder not only the movement of goods but also the movement of the services which they carry.


Tax obstacles: The Commission reiterates its opposition to taxes which are specifically targeted at satellite dishes.


It has already expressed its opposition as part of infringement procedures for violation of Article 49 of the Treaty (free movement of services); it recalls the case law of the Court of Justice, which has upheld private individuals' right to obtain reimbursement of such taxes from their national courts, subject to the formal and substantive requirements of national law. Moreover, independent of the right to lodge a complaint or obtain a refund, a tax collected in violation of a fundamental freedom under Community law may cause the Member State in question to become liable.

 





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18 Apr 2016 7:53 AM by satandpcguy Star rating in Gandia, Valencia. 399 posts Send private message

satandpcguy´s avatar

From a laymans point of view, those eu rules you quote state

"It is not acceptable to make the installation of a satellite dish subject to systematic prior authorisation or completion of a complex and expensive administrative procedure."

If community rules state no dishes, then I dont think that is classed as "complex and expensive administrative procedure" or "undue technical, administrative, urban planning or tax obstacles".

The article you quote  states "Simply put, it is within your rights as an EU member citizen, to receive your own language television in a fellow EU member state, via a satellite dish - without planning permission or taxes." - but then even in the UK dishes can be subject to planning permission and local rules, so maybe it is down to how this "rule" is interpretated...



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18 Apr 2016 9:57 AM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

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I agree with you, many rules, especially European Directives are open to interpretation and judges must decide.

But realistically, how many Communities are going to agree the costs and vote, as I believe a vote is necessary, to take legal action against fellow owners to remove satellite dishes if a communal system was not already in place.

Rules and their interpretation are one thing, enforcing them is quite another.





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