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Not the tastiest dish!

OLYMPUS DIGITAL CAMERAI HAVE received several letters with reference to the Community of Owners` issue. I will try to reply to them (I have written privately) through this column. Thanks to all Canarian Weekly readers.

Subject: Parabolic in private area

Please can you advise on a problem which I am sure affects not only ourselves but other owners on a residential complex in Tenerife.

Our neighbour has installed a bright-yellow satellite dish on his roof. Not only is this unsightly but it spoils what was our wonderful view of the ocean.

Is he allowed to install a satellite dish without permission, and what, if anything, can be done about it?

Our neighbour refuses to compromise by installing the satellite dish on the side of his villa or to receive his TV channels, as we do, via the internet

D & S

I assume that you and your neighbour live in the same complex which is regulated by the Horizontal Division Law (Community of Owners), with Statutes and Internal Rules.

In these cases, different laws apply. On one side the Horizontal Division Law, and on the other side the Royal Decree-Law 1/98, which regulates the right of owners and lessees to install a parabolic in the complex as per their right of information.

In fact, European rules also guarantee the right of information. The Horizontal Division Law, in accordance with Royal Decree-Law, states that a special majority of owners (1/3 of owners representing 1/3 of quota) is needed to install the dish (parabolic).

If this majority is not obtained, the interested owner must ask the Community to let him/her install it in common areas, but only those interested have to pay the costs.

As you can see, there could be a collision between these different rules. The right of the owners to have information and the rights of the Community regulated in the Statutes.

In this case, the right of the owner to have information (satellite TV) and the right of the other owners affected. It is recommended that a position is found between the owner and the Community. And to this purpose, the role of the Administrator is very important to reach an agreement.

This is a very complicated matter when there is a dispute. Where can the dish be installed? Normally in common areas designated to such use (antennas), such as the roof of the building or special platform. It is recommended that the Statutes and the Horizontal Division Deed establish the place to allocate them.

Can they be installed in a private area? Only if it is not possible to install it in a common area, bearing in mind that it has to match municipal regulations.

I have not mentioned the Civil Code rules, also applicable in many cases, as it exceeds the purpose of this column.

But through these rules, the dish could be removed (for instance) if affects the views of other neighbours. There is no uniformity in jurisprudence.

Take into account that in all cases, it is important to install the dish according to the technical specifications, and without damaging the structure of the building or affecting the rights of other owners.

Every case is different and must be particularly studied. This is just a general view of the matter and there are different opinions. This is my one, subject to a better one.

Mariano Zunino Siri is a lawyer in Tenerife Association since 1991. marianozuninosiri@gmail.com

 

 

 

 

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Posted by on May 1 2015. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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