Post by account_disabled on Mar 8, 2024 22:26:22 GMT -5
The AP of Las Palmas considers that it constitutes a “genuine recognition of the right to use the terrace that only confirmed what had already been tacitly consented to.
The Provincial Court of Las Palmas has ruled in favor of the owner of a premises located in an apartment block in Playa del Inglés whose community of owners urged him to restore possession of the part of the community hallway used as a terrace-bar. The lower court resolution upheld the claim of the president of said community in a ruling dated June 7, 2021, a ruling appealed by the hotelier before the Provincial Court.
According to the proven facts, the apartment complex had not initially been established as a community of owners. The only owner of the block was the one who managed the apartments as a tourist operation and allowed the occupation of the common areas. The business began its activity on July 29, 1994, which required using a hallway in the common spaces as a terrace. This situation has continued after the constitution of the first community of owners, in 1995.
In August 2014, the then president of the community members requested the owner of the premises to demolish the roofs and enclosures of the terrace attached to its use Fax Lists due to the renovation and rehabilitation works that the building needed. Likewise, he authorized that, once the works in his area were completed, he could continue using the terrace as he had been doing until now. In addition, it allowed him to incorporate elements to guarantee the protection and safety of users , as well as the decorative elements that he already had (chairs and umbrellas). Years later, at a meeting held in May 2018, a proposal was unanimously approved that authorized the president to initiate legal action against "those who occupy common areas without authorization from the owners' meeting" and to exercise "claiming action to obtain the restitution of the asset that the defendant improperly uses.”
The Provincial Court now revokes the lower court ruling and agrees with the hotelier, as it states that the occupation that the defendant (and through him his tenant, who has been carrying out for 35 years) cannot be classified as an occupation without authorization from the owners' board. It was that of the preceding community members without a break in continuity).
For the magistrates, it constitutes a “ genuine recognition of the right to use the terrace that only came to confirm what had already been tacitly consented to, and this after evaluating the set of concurrent circumstances exposed, by which it can be determined that the very prolonged silence and inaction of the community has been equivalent to its assent.”
The Provincial Court of Las Palmas has ruled in favor of the owner of a premises located in an apartment block in Playa del Inglés whose community of owners urged him to restore possession of the part of the community hallway used as a terrace-bar. The lower court resolution upheld the claim of the president of said community in a ruling dated June 7, 2021, a ruling appealed by the hotelier before the Provincial Court.
According to the proven facts, the apartment complex had not initially been established as a community of owners. The only owner of the block was the one who managed the apartments as a tourist operation and allowed the occupation of the common areas. The business began its activity on July 29, 1994, which required using a hallway in the common spaces as a terrace. This situation has continued after the constitution of the first community of owners, in 1995.
In August 2014, the then president of the community members requested the owner of the premises to demolish the roofs and enclosures of the terrace attached to its use Fax Lists due to the renovation and rehabilitation works that the building needed. Likewise, he authorized that, once the works in his area were completed, he could continue using the terrace as he had been doing until now. In addition, it allowed him to incorporate elements to guarantee the protection and safety of users , as well as the decorative elements that he already had (chairs and umbrellas). Years later, at a meeting held in May 2018, a proposal was unanimously approved that authorized the president to initiate legal action against "those who occupy common areas without authorization from the owners' meeting" and to exercise "claiming action to obtain the restitution of the asset that the defendant improperly uses.”
The Provincial Court now revokes the lower court ruling and agrees with the hotelier, as it states that the occupation that the defendant (and through him his tenant, who has been carrying out for 35 years) cannot be classified as an occupation without authorization from the owners' board. It was that of the preceding community members without a break in continuity).
For the magistrates, it constitutes a “ genuine recognition of the right to use the terrace that only came to confirm what had already been tacitly consented to, and this after evaluating the set of concurrent circumstances exposed, by which it can be determined that the very prolonged silence and inaction of the community has been equivalent to its assent.”