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QUESTION.-DURING THE LAST 14 YEARS, WE HAVE RENTED HOUSES TO INVIFAS
SIX MONTHS AGO THE HOUSES HAVE BEEN SOLD TO THE TENANTS. THE PROBLEM IS IN THE GARAGES, IN THE SALES DEED REFLECTS THAT EACH NEW OWNER IS SOLD A 154TH PART OF THE GARAGE SURFACE (WE ARE 154 NEIGHBORS).
THE PLACES WERE AWARDED BY THE INVIFASQUE GIVEN THEM TO THE TENANTS ACCORDING TO VARIOUS CRITERIA (MAINLY THE RENTAL DATE) SO THAT I HAVE A VERY BAD GARAGE SPACE. WITH THE SALE AND BY BEING THE OWNER OF A TOTAL PART OF THE GARAGE SURFACE, I HAVE REQUESTED A DRAW FOR THE PLACES (TOGETHER WITH OTHER 25 NEIGHBORS WHO ALSO HAVE "DIFFICULT" PLACES) FOR THE MAJORITY OF 129 TO 25 THEY HAVE FOLLOWED APPROVED IN ITS DAY THE INVIFAS AWARDED, WITHOUT TAKING INTO ACCOUNT THAT THE INVIFAS NO LONGER PAINTS ANYTHING AND THAT NOW I AM OWNER OF AN ALIQUOTED PART OF THE GARAGE, NOT OF A SPECIFIC PLACE. PLEASE COMMENT ME IF THIS "MAJORITY" DECISION IS LEGAL.
REPLY. The question raised regarding the change of use of the garage or parking space has a difficult one considering the agreement adopted.
Notwithstanding the foregoing, and given the generic nature of the question, my advice is that you go to the Property Registry where the property as a whole is registered and request registration certification of the horizontal division of the Building, in order to examine that title in case you could. there is some kind of rule in this sense that you might not know.
On the other hand, I indicate that the current Horizontal Property Law in its Art. 18.1. Letter C establishes the possibility of challenging the Board's agreement before the Courts when said agreements "involve serious damage to any owner who does not have a legal obligation to bear it, or have been adopted with abuse of rights. Logically, before starting any type of action, you must Check that the legal period to challenge if the case has not elapsed.
F. Brotons Baldó. Farm administrator
Topics: reallocation of a garage space. Distribution of places and aliquots of a whole.
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