spanishgirl

Hello

I hope someone can help me here.

We live on a community of 29 villas, the community being responsible for the private road.

My question is can a villa owner park on the road outside his own villa? The road in question is wide enough to allow emergency vehicles to pass.

I need to know, as we have a new President who has just sent a rather scathing email to one owner who did park outside his villa for one week.

At the AGM a few years ago, a rule was made to ban parking on the road. Someone told me that Spanish Law allows parking, which makes the community rule invalid. Its all very confusing ...

No doubt some of you more experienced members can give me advice, or point me in the right direction.

Thanks in anticipation!

Spanishgirl

jojojojojo

I've had thought from what you've said that you cant park on the road. Its a private road and the residents have declared that they dont want people parking on it and if one does then it could "open the way" for everyone to and that may be seen as unattractive??! Whether its legal or not in the eyes of the spanish law is not really the issue, I suspect if you were to challenge it you'd probably make some enemies, which wouldnt make living there pleasant??

Jo xxx

lynnxa

if it's a private road & the community has voted against parking on the street, then you simply can't park on the street

Spanish law might well allow parking - but it's a private road & from what I understand having lived in 'communities' for some years, the community rules 'rule', as it were

jdr

As the above post says.
If it is owned by the community and the law was put forward and passed at the AGM then it is law until it is changed at another meeting with a majority vote.

missile

I would suggest no parking on the road is quite a sensible rule.

I have one inconsiderate neighbour who regularly parks opposite the entrace to my property. This makes it difficult for me to get in and out of my driveway.

legal_eagle

Hiya,

The town hall are in charge of parking in any jurisdiction of spain, not the community. A blue line indicates paid parking, yellow is unloading and loading and no parking and white line indicates parking. The best thing to do is call the local town hall to see what the rule is. If there is no line, the town hall will govern this.

Hope this helps,

legal_eagle

P.S this all applies if it is a public road, and town hall rules can influence community decisions on private roads but need community agreement. I misunderstood.

frigilianafreddy

Well a few folks in our complex wanted the community to ban owners renting their apartments.

A lawyer quickly advised us that Spanish law takes precedence, and any owner is allowed to rent their apartment.

He told us that the community could, of course, adopt the rule. But it would not be enforceable.

spanishgirl

Hi

Thats the type of thing I meant. Spanish law does take precedence over Community Law.

However, saying that, it is better not to alienate people, and the couple concerned will now park on the public road at the end of our road in future. (They are owners who only come out about 6 weeks each year).

They don't block anyone's drive, there are no houses across from them. Emergency vehicles can pass easily. No-one else either needs or wants to park on the road, apart from when unloading and then going back out.

It just maddens me that people can be so 'jobsworth'!. To me, its just people trying to control other people's lives. I don't know what happens to some people when they come over here!

Anyway, thanks everyone for your comments, much appreciated.

Spanishgirl.

jojojojojo

I think Spanish Law only takes presidence when something has only own registered owner, such as property. A road, community pool, gardens or area which has been officially "given" to a community, who have elected a commity to run and take care of "whatever" gives them the authority to make rules and to insist that they're adhered to

Jo xxx

JLFS

The strenght of the comminity cannot be underestimated, and the majority rules.

I have know of cases of flats with no lifts being updated and lifts put in. The people on the lower floors have often voted against the lifts, as they will have to pay the same as the upper floors, but they have been outnumbered by the upper floors.

All owners have had to pay for the installation and the rise in community fees.

This is all part and parcel of living in a " community run" estate or block, and most know what could happen, ie that they are expected to pay for improvements or a service that they dont want, but rules is rules, and the rules are for all the residents.

twistedmelon

The New President is following the rules implemented by the community before he came and you'd rather he let everyone do what they want and do nothing about it and this makes him a power mad dictator

JLFS

The "community" and its rules is an alein concept to most Britsh, because it the UK it only really applies in flats.

The community can apply for all sorts of housing in Spain, even detatched villas with private pool can still be under the umbrella of a community.

It can cause quite a few problems for folks who are not used to this sort of living, but most disputes are dealt with fairly, but with the main consideration being for the good of the community and not the individual.

jdr

Free beer Community rules.