Court rules in favour of the community over illegal aesthetics modification

Owner faces court costs as Totana County Court dismisses case against the community for illegal construction that must now be dismantled.

Owners on Condado de Alhama have been advised via the community website that on the 12th November 2020 Totana County Court upheld court action taken against an owner within the Jardine de Alhama 1 community.

The complaint was relating to the enclosure of the original wooden pergola in the access area to the property.

It’s noted that the court accepted all the arguments made by the community against the owner and follows a similar case brought against another neighbouring owner in the same Jardine.

The court ruling declares that ” the installation implemented by the defendants on the uncovered patio-porch of their property is illegal“. The ruling obliges the owner to “go ahead with its total dismantling and demolition, restoring the affected area to its original state“.

Following the ruling against them, the defendants are obliged to pay the legal expenses for the case, although they may still appeal the court decision.