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Professional Advice

Ask the Administrator: Convicted to remove the enclosing

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.

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