July 13, 2017 at 12:57 pm #214049
The Committee of my urbanisation has taken the decision to cover the pool for a period between October and April each year with dates being set each year by the committee. This has resulted in us being unable to use the pool when we visit during the Easter break which can be quite early in the year.
My understanding is that it is unlawful to withdraw the availability of the pool unilaterally without consent of all owners as this fundamental element of the urbanization forms part of the original Deed of Covenant the Committee does not have the right to hold sway over such basic availability of amenities and to close the pool is fundamentally an infringement of an owners right to “quiet enjoyment of those facilities comprising the Master Deed of the property” No such right for a Committee to exercise such a prohibition is provided for in either the advertised Community Norms nor in the Master Deed and any such measures to be adopted or administered by the Committee or its agent must under Section 17 of the Law on Horizontal Property, amended 8/99, have absolute unanimity of all owners to enact such measures and not just a majority vote – it is a fundamental part of the property identified in the deeds and forming part of the original purchase and potentially impacts not only on an owner’s ability to use the facilities but also on the ability to let or sell the asset in the future.
Am i correct in my thinking – can anybody advise further on this matter.
July 16, 2017 at 11:35 am #214124
Just accept this and move on!
It is too cold in the water anyway at this time of the year!
July 18, 2017 at 12:19 pm #214189
Yolanda P. – Ypama AbogadosParticipant
Allow me to say that: Laws need lawyers to be correctly understood.
Your argument would be good should the community have decided to close the pool all year round and forever without any good reason.
But this is not the case. Your community have decided to close the pool just for certain months of the year …. and there might be a good reason for this decision.
May be the pools regulation in your “comunidad autónoma” have changed, or your president have been advised that your community do not fully comply with the law and want to reduce the risks, etc.
If you don’t agree with your community decision, take the case to a lawyer, so he/she can study the case and advice you about the viability of challenging that decision.
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