04 Dec 2012 4:06 PM:

It is now called

The Los Altos de Marbella Blogspot, you should find it!

Thread: Clarification of the Horizontal Law of Property

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04 Dec 2012 2:46 PM:

Hi Nigel

Yes it said I was not allowed to post links to this forum, but if you google the blog it is The Los Altos de Marbella Blogspot it should come up eventually, it is new though, so not easily found yet.

We had some very interesting points made by a lawyer that was commissioned by one of our Owners regarding applying the Law of Horizontal Property to pueblos that are not technically communually shared buildings.

Let me know how you get on and if you can find us!

Thread: Clarification of the Horizontal Law of Property

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04 Dec 2012 12:03 PM:

When I originally posted this question to gain some clarification as to the Horizontal Law of Property we have been investigating how this applies to our own Pueblo.   We are currently publishing our findings on our new Blog and also on our facebook page.

I thought it would be a good idea to share the information we have found with you as I know this has been affecting some of you as well.

If you wish to read our  latest findings we are publishing them on our blog.

The Los Altos de Marbella Blogspot

 

Thread: Clarification of the Horizontal Law of Property

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15 Nov 2012 11:37 AM:

Hi Maria

Thank you for your reply however it offers no clarification at all to my questions.

 

Thread: Clarification of the Horizontal Law of Property

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02 Nov 2012 11:59 AM:

Hi Again

Thank you for responding, it is most helpful.  It appears my community is obliged to undertake some form of responsibility for the maintenance of our private properties.  As you rightly stated it is a debatable point of Community Law and I would welcome any further advice to help me understand the implications which we are facing.  The current situation is our Board has recruited an assessor to inspect all the properties in our pueblo to idenitfy where maintenance work is necessary.

Our Board has advised this matter will be agendered and voted upon at our next AGM in April.  Like many communities here in Spain, over 60% or Owners are non resident which means the President holds more proxy votes than the Owners who attend the AGM.  This means the current President is able to put through issues which resident Owners do not agree with.

I would welcome any advice on the following questions,

Is our Board legally required to let the Owners have full detailed information of both the Terms of Reference and the outcome of the assessors report with their findings together with the cost implications?

Regarding the LPH10.1 has anyone defined what constitutes "adequate maintenance to meet due structural conditions in regard to water tightness, living conditions, access and security".

My understanding of "structural" would include the foundations, pillars, beams, load bearing walls and roof.  The rest of the construction i,e infill brickwork, exterior rendering of walls, exterior painting of properties and even the application of cosmetic roof tiles are not structural but comprise the superficial fabric of the buildings.

How does "water tightness, living conditions, access and security" apply and relate to a pueblo of private independent townhouses and villas?  Would it include leaking window frames, loose roof tiles, security rejas/grills, door locks, etc?

I am sure I cannot be the only person who is confused about the application of this Law.  But when our Board tell me I only own the interior area of my property and they own and are responsible for all the exterior surfaces/areas I cannot believe this is what the LPH10.1 can possibly be interpreted to mean.  Can anyone shed some light on this for me?!

Thread: Clarification of the Horizontal Law of Property

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