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Professional Advice

Foro Comunidad de Propietarios: Cuarto trastero en garaje

Good morning. I am an owner of a home with a garage that I bought five years ago in Murcia. My neighbor has closed his site building a storage room. The problem is that this work causes me difficulties when I need to park my car in my parking place since space I have to maneuver hs been reduced now. I’d like to know if this enclosure is illegal and if so, how I could act against it 

Ignacio R.

Adminsitrador: Juan L.

First, you should check if the parking lots are defined as such in the constitutive title or statutes, because it is likely to be in undivided as a common element. It is required in this case, the unanimity of the Board of owners.  None can unilaterally modify that to build a storage, this would be an illegal enclosure, and in this case I advise you to communicate it to the President of the community so as extrajudicial way, to require the offending neighbor convincingly so proceed with the demolition of the work. If that doesn´t work, you will have two way of action through complaint to City Hall ( with a period of limitation of action of 4 years) or by the corresponding civil action (period of limitation of 15 years), both yourself and the President are entitled , because each owner may exercise individually relevant actions in order to defend the interest legally protected in the undivided participation in the common elements. However, I advise you to act as soon as possible, since in some cases the time elapsed without actions implies a tacit agreement and therefore having allowed such work.

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