Community powers

Hi folks,

It's been a long time since my last confessin!

I'm having (more than) a few problems with my 'communidad' and would like some advice.

Main problem, I have a small car and a very small parking space in the underground garage. The owner of the space beside me is an old woman and she strugles to park properly. She occasionly parks sufficently in my space to make it impossible forn me to park, and on one occasioin has hit my car whilst parking causing minor damage. She denies this and refuses to pay.

My space is immediately below my ground floor appartment and in have drilled a hole to put a camera which records any movement in my garage space as i would like proof the next time she does it.

The communidad has decided I should remove the camera. they have sent my a letter giving 7 days notice.

What powers do they have? The camera only records my space.

Tell them to get stuffed. It is on private property (even if a 'shared community space overall) your space is yours. I would apply to the committy to get some posts put between your neighbours and your space if she cannot park properly. I think if you had witnesses and proof she has damaged your car you can make a denuncia against her. I have been told it is always best to try and resolve disputes pesonally in the first instance, but if she is in denial (and the president et al?) are supporting her it is hard for you. But why should you pay for damage she causes!

NB Your car insurance should come with free legal advice? (Ours does.) Give them a call and see what they suggest? (They might even support a claim against her if you go to the police and denounce if you catch her in the act.) 

Sorry to hear of this. But sadly human nature is s***

The only other 'suggestion' if she is in denial, is to get the committee to agree to give you FREE USE of another space nearby. But that is not really dealing with it head on is it?
Are there any community rules regarding the committee and they have a 'responsibility to all the members in shared areas?' A good lawyer can sometimes sort this out. But sad you have to be thinking of this...

Have a look at this website, I am sure they will have the same sort of thing available in Spain.

 https://www.barriersdirect.co.uk/bollards-c1022/steel-bollards-fixed-c1032/round-mild-steel-bollards-galvanised-48-90mm-dia-750mm-above-ground-p1579?shopping&gclid=Cj0KCQjwkKPVBRDtARIsAA2CG6F4PMBi9-FqVTosFTFnw29_mQJC8D4QUpXfQfIaxIU3srVfCu11AdwaAiZsEALw_wcB. 

Make sure that they are painted yellow for visibilty, fasten 2 of them to the front corners of your parking space making sure that they don't encroach your neighbours space. Job sorted....(You will know for certain that she can't park correctly when her car is damaged)..

As previous poster said, as long as any 'barriers' (inc sandbags, anything you fix to the floor) are your side of the dividing line I don't think they have a leg to stand on so to speak! I understood that parking places that come with an apartment are part of the property, and sometimes can even be sold seperately as they have their own papers. Good luck and don't let these people bully you :) 

https://mashtips.com/best-parking-mode-dash-cams/

Might be an alternative solution? :)

Thanks to everyone for advice and support  

The latest is, about a month after being given the 7 days notice, the camera is still there. I haven't heard any more, but there is probably a community meeting soon. I have also ordered a dash cam just in case, but I much prefer my current arrangement  Thanks again. 

Re camera.      I know in Spain there are rules regarding cameras which are very restrictive.    I would seek professional advice, or even the National police or Guardia Civil or a security company who install cameras, about where you can have a camera.   I understand any camera on private property must not have view outside that area.

With a garage space it may be that although the owner has the right to park it may also be true that others can access that space. Say in making a parking manoeuvre of walking across the space.  The police are not empowered to take action if someone parks in your space. It is a private matter

Just on the point that one might have a separate escritura for a garage space:    If that is so then a tax resident must pay imputed tax on that space, in your annual tax declaration or if not tax resident,  on  a 410.  My son is in that situation, thus he makes one 410 for his apartment and another for the garage space

The law on imputed tax, means that a tax resident must pay tax in Spain on all property, worldwide, which is in addition to their main home in Spain, unless that property is producing an income (rental)  Example:   an un-let house in UK

Hi John,

Interested by your post.  I own a property where as you say I receive a separate tax bill every year for the parking space.  But I am not a Spanish resident and subject to UK tax. 

I've reluctantly got used to the idea that I still have to pay Spanish tax on both.  But you seem to be implying that's not correct - probably wishful thinking on my part, but appreciate your confirmation that I must pay the imputed tax on both the property and the parking space, without any income or earnings derived in Spain.

Many thanks in advance.

Sorry smccarthy, this doesn't add much to your query.  I do sympathise though, a lot of older folk seem to think that their age give them licence to do as they please.  Sounds to me as if your neighbour shouldn't be allowed on the road!

The law on imputed tax, means that a tax resident (in Spain)  must pay tax in Spain on all property, worldwide, which is in addition to their main home in Spain, unless that property is producing an income (rental)  Example:   an un-let house in UK

Acer,  sorry if that was not clear

A non tax resident in Spain, unless providing an income in which case there would be Spanish tax to pay on the income,  must pay imputed tax on all property they own in Spain

So two properties, two 410 declarations and of there are joint owners, separate 410 for each

Once again we are way off thread, created by members who are trying to demonstrate their  so called knowledge on other subjects. Members wishing to discuss subjects totally irrelevant to a current thread should start their own thread.

Hello Johnx

Thanks for the confirmation, much appreciated.

Kavanagh, you are of course quite right, a bit remiss of me, but there you go.  Incidentally I used to know someone with your name, that reminds me of you - your first name's not Mandy is it?  Do send me a PM if it is, all is forgiven!