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Modification Policy for Hacienda Elviria |
Community of Owners Hacienda Elviria
Marbella, July the 16th 2008
Modification policy and publication of the modifications style book
Statement from the board
We cannot emphasize enough how important this subject is. It remains the most divisive and contentious issue in our otherwise harmonious community. We do have a strategy to present to the owners at the next AGM which over the coming months will be made clear to you all via this web site.
At this moment in time however, the board, are not ready to publish the modification style book to the owners. We expect to be able to do so by September 2008 when the final draft of the document will be published on this website.
By the time of the next AGM in April 2009, the only remaining issue of contention to be resolved will be the approval or otherwise of the various modifications that have been carried out by owners without the necessary approvals or permissions.
Therefore the plan is to publish the document called “modifications style book” in order for every owner to be able to study the issues and come to the AGM fully informed on the subject and be able to participate fully in whatever conclusions are reached. By this method of approach we hope to be able to deal with the subject in a controlled and orderly manner and save unnecessary time at the meeting starting from scratch.
All this will be explained again when we actually publish the style book.
Until then, we publish below, what we believe to be the current lawful situation in our community regarding any modifications done or intended to be done which we are monitoring.
The present Style Book is caused by the need to regularize, if possible, the work carried out in the dwellings of the Urbanization, as well as by the commitment made to develop it by the Board at the last Ordinary General Assembly on March the 19th 2008.
In accordance with the Horizontal Property Law, as well as with the Community by-laws no Work can be carried out on architectural elements, installations or services when it undermines or alters the security of the building, its general structure, its configuration or state of its exteriors, or negatively affects the rights of another owner.
All those works or installations that might exist in the dwellings of the Community, of the types referred to in the previous paragraph, are considered illegal, given that they do not have the required unanimous authorization from the General Assembly, with the exception of the closing of the terraces with glass curtains, whose approval was adopted by a unanimous vote at the General Assembly held on June the 22nd 2002, point 4 in the Summons of the Day.
At the General Assembly held on March the 19th 2008, point 9º in the Summons of the Day, the following agreements were adopted
“c) (...)Due to the small number of owners present at this time of the Meeting, it was agreed to keep working on the Style Book and Regulation for the Approval and Supervision of the Works and submit them to definitive approval in the next General Meeting.
d) The agreement adopted in item 7º-b of the Agenda of the past Ordinary General Meeting, held on the 7th of April 2007, was ratified unanimously as follows:
Expressly authorize the President and Vice-president to take the appropriate legal actions against any works that are carried out in the future without the authorization of the General Board of Owners, until the approval, in its case, of the Works Regulation.”
For all of which, we strongly ask you to refrain from carrying out any type of work that might infrige what was approved by the Community, otherwise the Board will find itself under the obligation to initiate the pertinent legal actions. |