Can I ban a business in my owners' community?

We thank Victor Arenas, CEO of Fynkus, his enthusiasm for collaborate with Feliu.

It is very difficult to prevent the establishment of a business in the owners' community if the owner or tenant of the premises or housing respects the law and the statutes of the community. 

If you are reading this article, such a clear answer will surprise you, but now you will see that no matter how much your lawyer promises you, the ways to prevent the opening of a restaurant or business likely to cause inconvinients to the neighbors, go through justifying that once established, it is really violating any townhall regulations or is causing nuisance by: noise, smells, etc.

To do this you must know clearly which are the townhall regulations in what refers to activities allowed in the area where your community is located and the legal levels of: noise, ventilation, smoke extraction, soundproofing and schedules that according to the municipal ordinance must accomplish any business. For example, there are protected residential areas in many cities to avoid the overcrowding of premises, such as pubs.

So, is it impossible to do anything aimed to ban a business at the owners' community level?

No, you can do it, but if you want to reach legal effects, it must be registered in the property registry and for the procedure must have the consent of all the owners, including the owner of the commercial premise.

And that is where the main obstacle lies, because, obviously, the owner of the commercial premises that is disturbing will never vote in favor of sanctioning him/herself.

Although all the written is true, as we have already mentioned at the beggining, in some cases, the statues governing the community may explicitly limit the opening of businesses inside its space. So, yes, the business can be limited in its scope? But, we insist that the prohibition in the statutes must be very clear and, of course, be established before the request to open the business is made.  

Anyway our advice is to always bet always on try to reach an amicable agreement and that everything is reflected in writing in an agreement between both parts in order to prove the Community tried everything before initiating a suit in court.

As the pharmacists say, before making a decision, consult with your Real Estate Manager.

Greetings from Fynkus