Community of owners – dog problem & also too many 'visitors' using gardens/pool

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This topic contains 5 replies, has 3 voices, and was last updated by Profile photo of newmorton newmorton 1 month, 2 weeks ago.

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  • #193039
    Profile photo of newmorton
    newmorton
    Participant

    We have a problem owner in our small development of 22 apartments.  All through the summer she has been lending her keys to the grounds/pool area to numerous friends.  Every Sunday for several months there have been 20-30 visitors arriving in cars with picnics etc.  They take over all of the garden/pool area.  Also, they bring a dog who has been swimming in the pool & leaving piles of dog mess on the grass.

    At the moment, dogs are permitted on the grass if they are on a lead.

    What action can we take?   Our community administrators don’t seem to be doing much to stop this.

    I think we need to pass a new Community Rule at our next AGM (June 2017).

    Can we put a limit on the number of visitors to an individual apartment?

    Can we now prohibit dogs in the garden area other than on the paved paths to each apartment?

    What action can we then take if anyone flouts these rules?

    I am in Spain at the moment & plan to see our Community Administrators in the next day or so.

    Any help/suggestions would be really appreciated.

    Christine Bennett

  • #193086
    Profile photo of lobitos
    lobitos
    Participant

    We have a similar problem with a long term tenants and their dog. Ours is a small community of 10 villas, communal garden and pool.  Repeated requests to pen the dog in to their patio have failed.  Our administrator has advised us of the law in Spain which obviously supersedes our community rules on dogs.

    DOGS: All owners with dogs are reminded that they must always be held on a lead, even if they are accompanied by the owners, and that they are not allowed on green areas or around the swimming pool area.(Law 11/2003 of 24<sup>th</sup> November Junta de Andalucía and Rule 1336 of1476/76.BOE 14/7/76 N{ 168, page 1567).

    The next step is to “denounce” them to the police.

  • #193087
    Profile photo of lobitos
    lobitos
    Participant

    We have a similar problem with long term tenants and their dog.  Ours is a small community of 10 villas, open communal garden and pool.  Repeated requests to pen the dog in to their patio area have failed.  Our administrator has advised us of the law in Spain which obviously supersedes our community rules on dogs.

    DOGS: All owners with dogs are reminded that they must always be held on a lead, even if they are accompanied by the owners, and that they are not allowed on green areas or around the swimming pool area. (Law 11/2003 of 24<sup>th</sup> November Junta de Andalucía and Rule 1336 of1476/76.BOE 14/7/76 N{ 168, page 1567).

    The next step is to “denounce” them to the police.

    • #193089
      Profile photo of newmorton
      newmorton
      Participant

      Thanks for sharing this information.

      I have made a note of the law & will share it with other owners.

      Our administrator has now ‘phoned the apartment owner who keeps having these visitors & their dog.

      Our administrator has also told us to take a photo of the dog if it goes into the pool again.  We should then ‘phone the police immediately as I understand that they can impose an immediate fine against the dog owner.

      I am hoping that the warning phone call to the apartment owner will be enough for us but in any case I plan to get a new community rule passed at our next AGM to re-inforce all this information.

      As regards the excessive number of visitors to a single apartment, I have been told by our administrators that it would be impossible to restrict the numbers as this could just be over-ruled if an owner took it to their lawyer.  Again, let’s hope that the warning ‘phone call has alerted the particular owner that other owners aren’t happy.

      Thanks again.

  • #193093
    Profile photo of Manilvajl
    Manilvajl
    Participant

    I have been a President of a community for over 10 years. And helped other communities fix problems and remove corrupt presidents.

    The law (Andalucian) on dogs in community’s is quite specific, no grassed areas, no pool areas.

    What nationality is the owner letting people in and what nationality is the president?

    Tell the President to do their job properly and uphold the laws.

    Tell the person allowing dogs in they will be denounced and if the dogs go in the pool it must be closed emptied and filled and fresh chemicals added at their expense, cost is about 5 euros per cubic metre. IE 10 x 5 pool average 1.5m depth is close to 400 euros.

    you can hold an EGM any time if you have 25% of owners in agreement, the president doesn’t have to attend but the administrator must send invites out and attend. You can then change the community rules.

     

     

  • #193094
    Profile photo of newmorton
    newmorton
    Participant

    Thank you so much for this information which is very helpful.

    The owner in question is Spanish & the President is also Spanish.

    I will be passing all of this information to our administrators & see if this situation can be remedied now & not have to wait until our next AGM (June 2017).

    Thanks again.

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