illegally chained Property in a Communual Area

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27 Jul 2013 8:32 PM by elraso Star rating. 39 posts Send private message

 

We have a member of the community who has Chained Loungers to our pool lights in the Pool Area. The President and the Administrator have requested that they remove them.They did remove them and returned them several days later,

This situation has been going on for Five weeks now,if anyone  has had this problem on their community or has the solution to their removal i would be most grateful for your advice.





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27 Jul 2013 8:50 PM by baz1946 Star rating. 2327 posts Send private message

Fight fire with fire, creep in one dark night, cut the chains, steal the seats and chains....After buying a few more seats and chains the message will ring home.

Some people cannot understand rational words or requests.

 





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29 Jul 2013 10:37 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Any decission needs to be taken by the President and as this is affecting accesibility and beauty of commun elements, as well as commun rules of living together, can be taken by the President without the consultation to Meeting of owners



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29 Jul 2013 11:36 AM by elraso Star rating. 39 posts Send private message

Thanks for the two replies. to update this thread and for anyone with similar problems this is what we have found out.

The chaining of personal property  to communual area is illegal,an article in Round Town News edition 719, by a Lawyer explains under Horizontal Law no member has the right to use any part of a shared communual are as if it was his own, and as such should remove them.

Easier said than done, The Policia will not enter a private communual area,unless their is danger of violence to a person.

The outcome is thus, Only the President or the Administrator has the power to take legal action to have the illegal property removed,by means of a Denuncia to the Guardia Civil and then placed before the judge in court. The process is not easy,and in the end the awkward member will cost our community money ,when  any reasonable minded person  would have removed them. As the person said in the previous reply, Go in right away cut them off ,bin them,end of story,from where i stand  that  seems a good option.





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29 Jul 2013 11:36 AM by elraso Star rating. 39 posts Send private message

Thanks for the two replies. to update this thread and for anyone with similar problems this is what we have found out.

The chaining of personal property  to communual area is illegal,an article in Round Town News edition 719, by a Lawyer explains under Horizontal Law no member has the right to use any part of a shared communual are as if it was his own, and as such should remove them.

Easier said than done, The Policia will not enter a private communual area,unless their is danger of violence to a person.

The outcome is thus, Only the President or the Administrator has the power to take legal action to have the illegal property removed,by means of a Denuncia to the Guardia Civil and then placed before the judge in court. The process is not easy,and in the end the awkward member will cost our community money ,when  any reasonable minded person  would have removed them. As the person said in the previous reply, Go in right away cut them off ,bin them,end of story,from where i stand  that  seems a good option.





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29 Jul 2013 3:32 PM by elaineG Star rating in Spain . 409 posts Send private message

As the person said in the previous reply, Go in right away cut them off ,bin them,end of story,from where i stand  that  seems a good option.

 

Well that would probably make it more straightforward,  as if the owner made a denuncia, you could be arrested by the police for criminal damage.

MMMM not very good advice I think.





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29 Jul 2013 3:49 PM by baz1946 Star rating. 2327 posts Send private message

Well of course you could get arrested, i know that...If you got caught doing it that is, the trick is dont let anyone see you, or know it was you.....If it bother's you that much about who knows.

I am sure you know that on many occasions when you try to do things the correct and legal way all you get is a kick in the teeth, and you end up being the wronged one.

 





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