Ask the Administrator: Convicted to remove the enclosing
- Apr 03, 2017
I have been convicted to remove the enclosing. Please advice. I own an apartment with a solarium for my exclusive use, in a building where only the first floors are occupied. The owners can access to the communal terraze which got independent access. Due to this circumstances, I closed my terraze. Then my neighbours demanded me and now I am convicted to remove it. I am thinking on appealing as I am not affeting to any neighbour. What do you recommend?
Leanne H.
Administrator: Juan López
We should read thoroughly the sentence where you are convicted to remove the enclosing.
In a first look I do not see a good case for you
Notice that although the terraze can be used exclusively by you, you are livingin a community set up in Horizontal Property.
The co-owners are entitled to not allow the others to alter the aesthetics of the building. This is one of the rights and prohibitions of the Horizontal Proprietors Ruling.