Legal property advice required

[keith edwards]

Hi all

We own an apartment in a predominantly german complex of 30 properties (only 2 english owners) in Costa Calma and require legal advice regarding being denied access to a store that was allocated to our apartment back in 2001. 

It is 'double store' and was constructed to be shared between 2 apartments but the current sole occupier is refusing to share and our official request for access at this years AGM has been voted against by those attending the Meeting.

An English speaking lawyer would be good.

Thanks

Keith and Pam

[Captain Sensible]

From my experience any decision made at the annual meeting becomes law. You'll probably have a lot of trouble trying to overturn the decision. 
Contact Daniel at Fuerteventura Law who are based in Puerto del Rosario. He's Spanish but speaks English, and his assistant is English.

[Can the Man]

Good luck with your efforts, is the store room on your title deeds or lease ?

[Archer]

I agree. Check what was included in your Escritura. Our apartment had a seperate deed for the storeroom/garage and could be sold seperately. Seperate tax as well.

If it's divided up by the Community, then 'majority rule' applies, possibly. 

This should also be a warning to anyone on a Community. Attend the meetings regularly, or your vote counts for nothing, and you may find the quorum will ride rough-shod over your rights.

[Spitfire58]

One reason we didn’t & never would buy on a complex or community group !!

[keith edwards]

Hi all

Thanks for your advice.

As far as we know the storerooms are part of the complex's 'common ground' and as such are owned by the Community of Owners and not individuals. 

When ours was allocated in 2001 reference was made in the AGM Minutes to them being 'common ground' that needed to be allocated to individual properties. 

At the time (2001) 'our' store was occupied by the person who is still there and was asked to vacate as she had no right to occupy it - once again this is minuted. She refused, nothing was done about it, and here we are 19 years later.

The vote went against us last week to gain access through the President via a majority vote, don't know why, but we need to start asking the President some questions before seeking legal advice.

You know what they say, possession in 9/10ths of the Law !!

Good point made by Archer though, maybe some have been sold off in the past and we need to ask that question. Maybe our allocated store has been sold hence no desire to share by current occupier.

We'll keep you posted

Cheers

Keith and Pam

[FVmouse]

If the allocation of this storage area is not stipulated in any individual deeds or in the Community articles of association then it will be very difficult to gain access. 

Do all other pairs of properties share such spaces ? If so then you can ask some very difficult questions about why you the Englishman are being singled out, and if no answers are forthcoming maybe consider drilling the lock and put the ball back in their court. I bet they’d run a mile.

But if access to these spaces is more piecemeal in nature so that you are not being singled out, and such access is solely at the discretion of the Community then it will be very difficult to get the authorities interested. Nobody will be interested in a resolution passed 19 years ago only to be overturned this year.

Good luck. I hate injustices like this.

[keith edwards]

Hi again

All the stores have been allocated to specific properties in accordance with votes taken at various AGM's in the past and in the complex there are 30 purpose built storage spaces. There are 10 double stores (twice the size of the single stores) to be shared by 2 properties and 10 single stores for single property occupation.

'Our' store is a double store to be shared by us and our neighbour upstairs.

The current occupier (not our neighbour upstairs) who is refusing to share, was, by way of a majority vote at the 2001 AGM, told to vacate 'our' store as she had no right to occupy it but she just sat tight, never budged and here we are.

Of the 30 properties in the complex only 2 are English owned and both are without a store. Of the other 28 properties all have use of a store, 26 properties are German owned, 1 Austrian and 1 Italian.

Some of the German owners have even incorporated their allocated store into their own individual property (extra bedroom, larger kitchen, larger bathroom) and then had another allocated to them. Cheeky or what!

What we need to do is ask the President if 'ours' has been sold off in the past and if so by whom? If it and others have been sold off in the past then that in itself raises some awkward questions as to who had the right to sell off the Community owned common ground, who benefited and where did the proceeds go.

We did suggest to the President last year when we found out that we had in fact been allocated a share of a store (we had been fobbed off for years by the President, Vice-President and Administrator that our apartment had never been allocated a store) that we would get a locksmith in to change the locks but that didn't go down very well!

He advised that we raise it as an Item on the 2020 Agenda and go from there. We did and it was voted against by those in attendance at the 2020 AGM last week.

In the great scheme of things our issues are neither here nor there but we'll keep pushing and see where we go.

Cheers for all your advice.

We'll keep you posted.

Keith and Pam

[FVmouse]

What store is your upstairs neighbour using as it appears this third party has commandeered both of your storage areas simultaneously ? Why are they not as perturbed as you ? Has there been some swapping / selling going on in the past with you being kept out of the loop ?