|
Together with the Statutes, the owners can establish certain rules for the regulation of life together and the adequate use of services and common subjects.
These rules are binding, although, just the simple majority of votes is required for its modification.
What building works are allowed?
Every owner can just do building works in his flat or premise, modifying its architectural elements, installations and services, provided:
• The safety of the building, its general framework and its outer configuration and condition is not altered.
• No any owner’s right is damaged.
• Those building works are previously communicated to the Community.
Owners can do no alterations in the rest of the building. If urgent repairs are needed, it will have to be communicated to the administrator.
Which are the forbidden activities?
Owners and users of apartments or premises cannot perform in their properties or in the rest of the building, those activities which are forbidden in the statutes, those which are damaging for the building or are against the General Rules on annoying, unhealthy, harmful, dangerous or illicit activities.
The President of the Community of Owners either by own initiative or by the initiative of any of the owners or users, must request to whoever may do any of the before mentioned prohibited activities to immediately stop, or inform that person about the legal actions against him/her that might be started if the behavior is not stopped.
If the offender persist doing it, the President, once is authorized by the committee of owners, can take it into Court. In order to do that, the Community need to use a lawyer, a Procurator is not necessary (although very recommendable).
Once the lawsuit is in Courts with the attached document on thee solicitation made to the offender, together with the agreement taken by the board of owners, the Judge can pass a provisional decision on the immediate cessation of the prohibited activity and pass any other precautionary measure.
After the necessary judicial procedure, the Judge will pronounce judgment in order to pass any or all the following measures:
• The offender to stop the forbidden activity once for all.
• The offender to compensate the Community for the produced damages.
• The offender to be deprived of the right to use the house or premise for a period no longer than three years.
Anyhow, a lawyer can provide legal advice on these issues according to the specific particulars of every case.
Joint and division of apartments and/or premises
Apartments and premises can be divided and/or jointed, either total or partially.
For those cases, the unanimous consent of the Community of Owners is required, and new shares need to be calculated for the refurbished flats.
|
