Satellite dishes and Spanish Law

Hello

Does anyone know the LAW relating to satellite dishes, we have a small community ( 56 units ) and currently 9 unsightly dishes strapped to the side of the buildings ( 2 have gone up recently ) part of the reason why they are there is in the begining when we took occupancy of the apartments we found the developer only provided us with 4 tv channels so while this was all being sorted out people got fed up and errected dishes.

Now the communal tv has some 40+ channels as we were promised originally but of course the satellite dish brigade are reluctant/refusing to take down their dishes complaining that 43 channels just isnt enough for them. so nearly 1 year later and after a few letters have gone out informing people that the dishes have to come down only a handful have taken them down. the problem we face now is that the new people to buy/rent full time presume ( wrongly of course )that this is acceptable and a couple have errected dishes.

i took over the presidency about 6 weeks ago and have thought offering everyone a communal sky system that they can join would maybe apease everybody, i have priced up a communal system and will put it forward at the AGM in a few weeks, if it is voted in each block will receive the sky signal and for a nominal one off connecting fee any apartment can decide whether to join or not.If not they can remain receiving the tv they have now.

i am now wondering if any of the people with the dishes simply refuse to join the communal scheme ( for whatever reason )and simply stay as they are,  what are their  rights according to the law. and for that matter what are the communities. i dont wish to spend thousands of euros of community funds installing a scheme that doesnt solve the situation.

Im presuming that the scheme will be voted for, but what happens if it isnt, potentially everybody could install a dish to the side of the building.Thus creating a scene from an East London council estate

Also on a slightly differant note a couple of  owners/tennants have their dishes pointing at other satellites in the sky so im sure they wont be interested in joining either.

i just wondered if anyone know the legalities on this. e.g does somebodies right to receive 400+ tv channels take presidency over the community rules ? or is it now up to the new president to enforce a community rule that has been in place since the beginning but never addressed

thanks in advance for your responces

If the Community has ALWAYS had a rule that TV dishes are not allowed to be erected then the Community has the right to get them moved. However, if people put up these dishes BEFORE the Community was formed you will have a problem............Community laws cannot work backwards, just from the day they were voted and accepted.

We have a similar problem up on the roof of the apartments................and some of those were in place before the Community was formed.  However there have been some installed since ( and also on Community property ). Letters have been sent, the AGM voted for these to be moved, and they are still there! Again, the only recourse is to law.........................and this takes ages and costs money!  And of course, when you, as Presidente, set all this up to take them to court, with the approval of the AGM, chances are that the Community may change it's mind at the next AGM...............I've seen it happen!!!

We have got cable TV and also another Communal system BUT that is not good enough for some.

I think the Law states that you cannot prevent anyone from recieving the TV of their country............BUT the Law does not tell them where to put their dishes and meshes........although I could !!

So basically armed with this information that they will have to be taken to court and this will take ages and money, anyone on the community can do exactly as they like and simply wait months/years for any comeback.

It seems to me (after only 6 weeks into the job of president) that community rules are only in place for people that are prepared to follow them and consider the feeling/views of others, the selfish people amounst us will simply carry on doing what they want to do when they want to do it knowing there isnt a damm thing anyone can do about it.

the term banging your head against a brick wall springs to mind

       After yesterdays Committee meeting, this is what I

think running a Community is like !!!! I looked for a piccy of that bird which flies round and round

in ever decreasing circles till it disappears up it's own a++e h++e but I couldn't find one,

probably disappeared which is quite what I'd like to do !!!!!!!

Karen said: "If the Community has ALWAYS had a rule that TV dishes are not allowed to be erected then the Community has the right to get them moved. However, if people put up these dishes BEFORE the Community was formed you will have a problem............Community laws cannot work backwards, just from the day they were voted and accepted."

By law, the developer has to provide a set of rules, or statutes (estatutos) when handing the property over to the new owners. This is laid out in the Horizontal Law. They form part of the master deed to the property.

Thanks for the replies looks like i have a mountain to climb, but i love a challenge so if they want to throw down the gauntlet ...........................................................

Shirederby, at the last AGM we slapped 25% on to everyone's quota, and offered a 20% discount to all who pay within the first 15 days of each quarter. Job done - no more late payers!

hi roberto,

                  sounds like a new angle for me to try.it is possible it could draw in the ones who would eventually pay but a bit slow coming up with the money but alas i think we have a few serial non payers who i am starting court proceedings against.a long drawn out affair and not always totally successful dependant on the judge you get.the thing is i would rather go through this than let them off scot free.