Rules for use of communal garden areas

On our urbanisation we have two main garden areas.  One is around the pool and the other is at the front of the urbanisation.  The area around the pool has notices up indicating that ball games are not allowed in that area.  The garden area at the front is generally used as a children´s play area and it has a slide.  This area has been used for many years by children for ball games and general playing.  There are a number of trees and surrounding the grass there are some flower beds containing cacti and other hardy plants.  This is the only area where children can play and have a kick around with a ball.  A new owner has recently informed my young son that he is not allowed to play with a ball in this front garden in case any damage is caused to the plants.  As there are no signs to indicate that ball games are not allowed, I have allowed my son to continue to play there.  The new owner tells me that there is a regulation that stipulates that no ball games are allowed in this area and that a sign will be put up soon.  Other owners I have spoken with about this have said that there is no written constitution for our urbanisation. The next meeting is not for some time and I wonder if anyone can advise me before I raise the issue at the next meeting.

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Why not just have a chat with your community president instead of waiting for the next meeting?

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I´m quite happy to speak with the president, but I wanted to get my facts right first.

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Hi Plunket,

I take it you don't own there?

If you do, don't you have a copy of the community rules?

It should stae in there where ball games are allowed/not allowed.

Personally, if there is no sign up at the moment and you cannot see it in the community rules, I would continue to let your child play ball there.

Just don't forget to claim off the community for a new ball when his gets popped on the cactii!!

Good luck

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I have never been given a copy of the Community Rules and have been told that there aren´t any!  I will ask the President for a copy and see what he says.  As for claiming for burst balls - we must be owed for at least 20 by now!

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Well Plunkett,

If you have never been given a copy, you can't be expected to abide by them can you!

I would set up a couple of goalposts too, that will get them going!

Seriously though, every member of a community should have a copy of the rules.

Not just for them, but a copy should be left in your casa, for any rental people.

That way, they know the rules too and you won't get it in the ear from your Presidente for not informing them.

Let me know what the burst ball score is by tomorrow!

Rgds,

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Hi Plunket, Fibby's correct when she says "every member of a community should have a copy of the rules. Not just for them, but a copy should be left in your Casa, for any rental people. That way, they know the rules too and you won't get it in the ear from your Presidente for not informing them." We were told the same in our community. Some renters turned up after midnight & dumped their suitcases in their rental, threw on their swimgear & jumped in the communal pool. As they had a key they obviously thought whyever not. The fact it's not allowed after 10pm didn't matter though at that time they wouldn't have had a chance to read the rules though it does say the times on the locked gates. I wasn't in bed & I heard the three of them laughing & generally being a noisy lot & it was 1am so I went across to the pool as we are opposite & I told them it was far too late for being in the pool & I asked them to leave as it was 1am. They ignored me.   I went to see if our President was up as it was Sept & hot & he likely would've been sitting outside on his terrace. He  had just returned home from taking someone to the airport & was on his way to switch the pool lights off. He told these people they were not to go in the pool after 10pm & he asked why they hadn't read the community rules which should be left in full view for new renters as they enter the property. They claimed there wasn't any rules left which could well have been correct but they certainly didn't bother us in future. I would assume people who rent aren't going to waste time reading rules when they've paid likely 350€ a week to stay in a community If your President cannot give you a copy of the community rules that state what is acceptable on this area of land (& I think that is unbelievable really as surely there has to be a set of rules ) I would let your kiddy play there & refer anyone complaining to your President but, if the rules state no ball games & they just haven't put a notice up yet, I think you'll just have to accept a sign is going to be put up & insist on it being done  &, unfortunately, find somewhere he can play. Kind regards, Janice

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Thanks for your comments.

Just so that you get a better idea of the situation, it´s not a new urbanisation, it´s about 30 years old and we have lived here for three and a half years.  There has never been a problem before with regard to anyone playing in the garden.  It seems that it is just this new owner who has recently moved in who doesn´t like football being played in the garden.  When I say football, I don´t mean a whole load of kids - just one or two and the odd adult.  (Usually it´s me who is the odd adult). I shall carry on being in goal until any notices are put up and if they are then I will probably complain to the President, as it is a kids´area.  You can tell where the goalies have stood in past years by the little bald patch in the grass between two trees but apart from that no damage has been caused - apart from the revenge of the cacti!

 

Regards,

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Go, Plunket, go  

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Hi Plunket check with el Presidente on the QT first - see if you can put your side of the story first without any kind of malice against this new owner - as Janice says if its in the community rules then you are going to have to abide by them unless other owners there can make it an issue at the next community meeting alongside yourself. If its not already in the rules then if you get in first with president it might stall the other guys plans.

By the way I admire your frankness that you are an ODD adult - I have been odd for most of my life and certainly into adult life - those here that have met me (and probably some that havent) will certainly agree and I never try to hide it but I admire another self confeesed oddity for "coming out"

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Plunket, I know who the new neighbour is! He was refereeing the Sevilla v Spurs match tonight, and cost Spurs the game with a dreadful penalty decision.

I would agree with the advice here, i.e. have a friendly chat with the president first. There may not be a definitive list of rules for the community - it's almost impossible to regulate for every possibility, but if there is a list, it should be freely available to everyone in the community. In a new development, I would suggest checking the estatutos (statutes) which should be obtainable from the developer, as these could possibly include things which the administration have forgotten (or not bothered) to remind everyone of, but in an older community like yours, I don't know if such a document even exists, and if it does, it's probably long since got buried in the dust (although it should be lodged at the Land Registry since it is a legal document).

Seems to me that if there is a kiddies play area in that part of the garden, it would be a bit daft banning ball games. Sounds like you just got a bad referee move in to the building. I hope it sorts itself out without escalating into crowd violence. Good luck.

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