View Full Version : Residencial Community Changing Laws
I have just been informed by a friend who owns one of six bars on a residencial complex that they are being forced to have the terraces cleared by 11pm. The terraces are owned by the community and the bars/restaurants do not pay anything for their use. I also own a bar in a different area, but we have always been informed by the police that the doors must be closed by midnight and to-date I have heard of no impending changes. Has something happened to change the law and do the owners/community have the right to do this to six businesses.
timmylish
26-07-2011, 15:48
Well, common law dictates that if he does not own or have a right to use or any other form of agreement with the community, if they wish it cleared then, sobeit!
Well, common law dictates that if he does not own or have a right to use or any other form of agreement with the community, if they wish it cleared then, sobeit!
Just spoke with a local lawyer today and apparantly no community is bigger than Spanish law. and allegedly!!!! spanish law dictates that if a bar has a residencial apartment within a 20 meter radius you must close your terrace by 1am. No new laws have been released dictating otherwise so why is my friend being victimised????
Prehaps because its a residencial complex , the residents do not want the noise when they have to goto work the next morning etc
YOUNG GOLFER
29-07-2011, 09:37
Just spoke with a local lawyer today and apparantly no community is bigger than Spanish law. and allegedly!!!! spanish law dictates that if a bar has a residencial apartment within a 20 meter radius you must close your terrace by 1am. No new laws have been released dictating otherwise so why is my friend being victimised????
Not sure if he is being victimised.................after all you have said that the bar does not pay to use the terrace anyway.....just a question is a bar allowed to use a community terrace if they don't pay for it?.
Peterrayner
29-07-2011, 11:02
Not sure if he is being victimised.................after all you have said that the bar does not pay to use the terrace anyway.....just a question is a bar allowed to use a community terrace if they don't pay for it?.
That would depend if the bar is an "owner" on the community if so then they have a perfect right to use the communal areas subject to the community rules.
Local noise laws would also rule so he might need to close the terrace at midnight which is what bars in our area are supposed to comply with.
ive won in the supreme court of madrid(5 times) but still dint get what i wanted off arona council
atlantico
29-07-2011, 12:07
Just spoke with a local lawyer today and apparantly no community is bigger than Spanish law. and allegedly!!!! spanish law dictates that if a bar has a residencial apartment within a 20 meter radius you must close your terrace by 1am. No new laws have been released dictating otherwise so why is my friend being victimised????
surely tha'ts is a MUST law, not a YOU CAN law. It's giving a maximum time limit not a obligatory one.
You see it all over the place, bars and shops etc using forecourts, terraces and even parking spaces for their business practice WITHOUT any rent being paid , so I can't see why they'd complain about an 11pm curfew - it could be 100% of the time !!!
Angusjim
29-07-2011, 12:21
Not sure if he is being victimised.................after all you have said that the bar does not pay to use the terrace anyway.....just a question is a bar allowed to use a community terrace if they don't pay for it?.
YG I believe there is an ongoing issue at a complex not far from you regarding this very issue
That would depend if the bar is an "owner" on the community if so then they have a perfect right to use the communal areas subject to the community rules.
Local noise laws would also rule so he might need to close the terrace at midnight which is what bars in our area are supposed to comply with.
Owing a bar on a complex but not paying any rent for use of the terrace would not IMHO entitle the person to use the communal areas for profit
Payment has been offered by all the bars restaurants in the past but community don´t want it. Written approval was given a long long time ago for the businesses to use the terraces providing enough space was left for pedestrian, invalid access and no time limit put on the approval. Understand that people have to work and maybe don´t want the noise but surely anyone buying an apartment above a bar would know there is going to be some level of noise. Even if there is no music or karaoke or anything such like, there is still going to be the hummm from people talking and of course the clatter of plates etc if it´s a restaurant. Community fees are normally quite high for businesses and most, including myself, are not allowed use of the pool or car parks: In fact my bar doesn´t see any "community employee" i.e gardners maintenance men, so what exactly am I paying for (That´s a whole different question). Anyway this question is not about payment of terraces, or being an owner or a tenant etc., it is simply "Can Community´s Over rule Statutory Law"
Peterrayner
31-07-2011, 11:58
anyway this question is not about payment of terraces, or being an owner or a tenant etc., it is simply "can community´s over rule statutory law"
imho............ No
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