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A question?

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#1 Amarillo



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Posted 01 September 2017 - 10:33 AM

I wonder whether anyone can help or has come across a similar situation.


My house in LaM is one of the number of detached villas that all back onto communal gardens and a shared pool.


Each house is set on its own plot with access to the front pavement and road from its own grounds from gates with a front wall comprising walls/railings.


One of the houses had branches that grew to overhang the pavement in front which lead to a complaint and a threat to denounce the community of property owners.


The community of owners responded by removing the offending branches.


However, as far as I can see, the tree and branches were situated in the front garden of a detached house and not on land owned by the community of owners and as such I would have thought that if the matter was capable of being denounced, that it would have an issue for that particular owner and not the community of owners as a whole.



It is pleasing that the community acted in a neighbourly way and with community spirit but it is the legal side that I am really interested in in case the situation arises again.



Any thoughts/comments?




#2 Andreu



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Posted 01 September 2017 - 01:07 PM

I also await all thoughts and comments on this issue with great interest. You are lucky to have a functioning community


May I please expand the inquiry to include any experiences concerning the following? I would guess that all of us who bought a villa in Urb Marina from MASA have near identical deeds of sale (escrituras). These state that we are automatically a member of our specific community of owners and must pay its annual fees. However, in many (most?) cases MASA never set up these communities, i.e they don't exist. The four roads that border our common ground are so far apart that ever getting the sixty odd owners together is totally impossible. The best we have done is to get the thirteen villas on our cul-de-sac to (unofficially) mutually fund the asphalting of our bit of road.


Some of my neighbours have been in real trouble when trying to sell their villas; the estate agents (usually based in Torrevieja) have asked for copies of annual reports and proof of payment of annual fees. How have others coped with requirements for documents from a community of owners that never existed?

#3 KateandBob



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Posted 01 September 2017 - 02:59 PM

you are not actually paying community fees for a community that doesnt exist though surely?!

#4 Andreu



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Posted 01 September 2017 - 03:51 PM

Some readers might consider your question frivilous, but some 25 years ago MASA's "lawyers" actually collected annual urbanisation fees, community fees, and insurance policy payments from new buyers that they promptly pocketed themselves. We realised what was happening when we did not receive proper policy documents despite repeated  requests. So we sent around an ex-army Nordic veteran who was built like like a Russian tank (he was just as pretty, too); they returned the monies.

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#5 PeterS



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Posted 01 September 2017 - 11:53 PM

Have a look at your escritura, if there is a percentage of land property of more owners.
If there is, you can hold a meeting and decide to do something with the land. I think with only 3 owners showing up for the meeting you can decide to do things were the others have to pay for as well.
I do not know if is the case for branches in your front garden if that is next to city property, the pavement or street in that case is not communal property.

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