Internal Regime

Regulation

TERRAZAS DEL MAR URBANIZATION · BENALMÁDENA

The Terrazas del Mar Urbanization is a place of coexistence, relaxation and shared enjoyment. In addition, it is a set of properties that it is essential to preserve in the present and for the future.

Making this a reality is everyone’s responsibility and obligation. For that reason, owners and users have the inexcusable obligation to participate and for that reason we have provided ourselves with an Internal Regime Regulation whose fulfillment will undoubtedly help and benefit us.

Do not forget that it is possible that the regulations may be complemented with the agreements reached in the different Government Meetings held by any of the Legal Entities related to the community.

Please read carefully and strive to comply and enforce; remember that we are neighbors, almost a family in which respect, courtesy and commitment to others will be returned to us in the same way and measure in which we have offered it.

Thank you very much for your help!

1 | Preliminary considerations.

1.1 The rules must be complied with and the employees of the Development shall have the power to enforce them.

1.2 The person in charge of the Urbanization shall give written notice to the Board of Directors, or whoever it may designate, of any non-compliance reported by the employees of the Urbanization, for the purpose of knowledge and appropriate decisions.

1.3 The Board of Directors, through the Secretary Manager, shall give written notice to the owner of the apartment of the decision taken in relation to the fault committed by him, his relatives, guests and dependents, it being understood, therefore, that the only person responsible shall be the owner of the apartment or premises. When an apartment or premises are occupied by third parties, of whom the Community is aware, communications shall also be made to the users.

1.4 The decisions of the Board of Directors shall be enforceable, and the person sanctioned may challenge them in writing before the Board of Directors.

2 | Sanctions to be imposed.

2.1 The first offence against the rules of the Community shall give rise to a first simple warning.

2.2 The second offence shall give rise to a second reprimand with the warning that he/she may be deprived, in the manner and time to be established, of the use of services or common elements.

2.3 In the event of a third offense, as this implies a clear disobedience to the rules of coexistence, it may result in the deprivation of the right to use common elements and services, without prejudice to the decision that the General Meeting may adopt in this respect, and independently of the economic reparation of the damages caused and of the legal actions that may be brought against him before the relevant Public Entity.

3 | Rules of coexistence.

3.1 All owners must present their complaints, suggestions and observations to the President or Administrator of their block, who will forward them to the Board of Directors for the appropriate decisions.

 3.2 It is strictly forbidden to use the services and common elements in a manner contrary to their intended use.

3.3 In addition to the sanctions foreseen in article two, the breakage or deterioration of a common element, due to improper use or use contrary to its intended purpose, shall give rise to the economic demand for the amount of the invoice for the repair of said common element.

3.4 It is forbidden to carry out activities that produce noise and disturbance to the neighbors from 12:00 midnight until 10:00 in the morning. Likewise from 3:00 p.m. to 5:00 p.m., since these hours are for the rest of the inhabitants of the Urbanization. In the case of noise produced by works or repairs, the prohibition extends between 8:00 p.m. and 11:00 a.m. on weekends and holidays.

3.5 Owners who keep dogs or other domestic animals in the Urbanization shall be subject to the following rules, in addition to the rules issued by the competent Authority:

3.5.1 The animals must always be leashed and, if necessary or mandatory, muzzled, that is to say, under no circumstances must they run loose in the enclosures of the Urbanization.

3.5.2 Animals shall be totally prevented from performing their physiological functions in gardens and other common areas of the Urbanization.

3.5.3 The animals must be provided with the corresponding health documentation.

3.5.4 The owner shall prevent barking or noise during the hours of rest established in the article of these regulations.

3.5.5 It is forbidden for domestic animals to remain loose in common areas, even in the landscaped areas.

3.5.6 The Board of Directors, in addition to imposing the corresponding sanctions for non-compliance with these rules, shall notify the municipal services for the collection of animals that do not meet the above-mentioned requirements.

3.6 It is forbidden to step on and pass through places not provided for the passage and especially in landscaped areas.

3.7 The children’s games are developed exclusively in places intended for that purpose.

3.8 Bicycles may only be ridden in places where they will not be disturbed and at moderate speed. Road traffic is prohibited inside the Complex, and the corridors and landscaped areas of the first floors shall be exclusively for pedestrian use.

3.9 It is forbidden to hold meetings and gatherings in a loud voice in the squares of the Urbanization, streets, doorways and other common services, outside the hours indicated in the corresponding article.

3.10 For security reasons, it is forbidden to open the gates to unknown persons. For advertising purposes, a place shall be assigned outside the building for commercial mail carriers to deposit their leaflets.

4 | From the main terraces.

4.1 The fact of constituting in themselves a private area within each property does not imply an indiscriminate use of the same, therefore the following rules are established:

4.1.2 The installation of elements that affect the general aesthetics of the building or pose a risk, harm or nuisance to other neighbors is prohibited.

4.1.3 The installation of awnings must conform to the established shape, color and model: Sauleda brand 2102 gray. Likewise, non-fixed elements such as sunshades or other types of tarpaulins against the sun may only be white or gray in color, as close as possible to the color established for standard awnings.

4.1.4 Likewise, the installation of metal grilles and closures must conform to the approved model.

4.1.5 It is forbidden to build fires or barbecues which, due to their size, may produce smoke or odors that are a nuisance to the rest of the neighbors.

4.1.6 Great care shall be taken at the time of cleaning so that this does not disturb the neighbors below, avoiding falling water or other elements.

4.1.7 Under no circumstances may the painting, tiling or modification of the external appearance of the walls of the terraces or that modifies the aesthetic appearance other than that of the work, as this may affect the aesthetics of the building.

4.1.8 It is forbidden to install clotheslines that may be visible from the outside of the Community, as well as to hang clothes on railings, windows or unsuitable places.

4.1.9 It is forbidden to use the main terraces for the storage of personal belongings, as long as they are visible, except for decorative items.

5 | Use of elevators.

5.1 Each block has elevators, both up and down, which must at all times meet the requirements established by the corresponding legal regulations, in addition to the following when they are not contradictory to the former.

5.2 In no case the capacity indicated in each one of them can be exceeded, neither in weight nor in number of people, demanding the corresponding responsibilities in case of abusive use of these elevators.

5.3 Minors under 14 years of age shall not be allowed to use these elevators without being accompanied by an adult.

5.4 It is forbidden to transport in them objects, packages or packages whose weight exceeds the capacity limit or that by their size and characteristics are likely to cause damage or deterioration.

5.5 It shall not be allowed to use them for transporting work materials or for moving furniture. Under no circumstances may the elevator be occupied permanently or continuously, leaving the rest of the neighbors without service.

5.6 The care and surveillance of the elevators shall be the exclusive responsibility of the Caretaker or the person in charge of the Urbanization, for the purpose of notifying the maintenance company, informing the President and Administrator of each block of any problems that may exist for the adoption of the appropriate measures. No owner or tenant may tamper with its mechanism in the event of malfunction, and must notify said employees and, if necessary, the maintenance company.

5.7 For the good care of the elevators and the due periodic greasing, the corresponding contract shall be made with a company specialized in this task.

6 | Use of the swimming pool.

6.1 The swimming pool of the Urbanization shall normally open on the first day of June until September 30, although the Board of Directors is empowered, in accordance with the opinions gathered and in view of the existing weather, to delay or bring forward the period of operation, adopting the agreement by majority vote.

6.2 In the same way, it is established as hours of use between 10:00 and 22:00 hours, reserving the rest of the time for maintenance tasks.

6.3 In order to enter the swimming pool premises, it shall be absolutely necessary, if so ordered by the Board of Directors by majority agreement, to present the card, emblem or badge established for each season. This badge shall be provided to any person who lives continuously with the head of the family (owner or whoever occupies the dwelling with the owner’s consent).

6.4 It is forbidden the use of the pool for children under 10 years old who are not accompanied by an adult.

6.5 For access and stay in the pool will have to wear appropriate clothing, specifically it is forbidden to use other clothing other than a bathing suit and shirt or similar and always with bathing shoes.

6.6 Within the enclosure of the pool will take into account the following rules on a mandatory basis:

6.7 Total and absolute prohibition of holding ball games, balls and any other games that lead to discomfort for the rest of the users.

6.8 Prohibition of using mats or other elements that hinder the bathing of neighbors.

6.9 It is forbidden to consume food and beverages within the pool area and also to deposit all kinds of waste and objects in it.

6.10 It is obligatory to shower before bathing in order not to leave suntan lotions or other types of creams in the pool water.

6.11 Care shall be taken to leave the shower faucets closed once they have been used.

6.12 In the event that the Community places sunbeds and/or sunshades in the pool area, it shall not be allowed to hoard numerous sunbeds or sunshades so that all the owners have the option of using them, nor to occupy the sunbeds with towels indefinitely as a reserve, since they deprive other owners of their use.

6.13 In a special way it is forbidden the entrance of any dog or other animal in the enclosure, even if it is tied and with muzzle.

6.14 It is absolutely obligatory to take a shower before entering the bath, with the utmost care to clean yourself thoroughly so as not to leave suntan lotions and other creams in the water of the pool.

6.15 The Board of Directors shall decide the days and times that the pool will be used for classes, championships and social activities.

7 | Use of the paddle tennis court.

7.1 The paddle tennis court will be open all year round and with the following schedule: from 10:00 to 23:00 hours.

7.2 The owners or users of the dwellings, as well as their relatives, are entitled to use the paddle tennis court. They may play with people from outside the Urbanization, as guests, provided that at least half of the players are residents of the Urbanization.

7.3 Children under 10 years of age may not use the court without being accompanied by adults, except at times when there are no requests.

7.4 Each apartment shall have the right to request the use of the paddle tennis court for a maximum of 90 MINUTES PER DAY as long as the facilities are available.

7.5 The Governing Board of the Urbanization shall establish the best reservation system. In addition, it may cancel those reservations that do not comply with the rules or those that, for operational reasons, general interest or maintenance, it is necessary to cancel.

7.6 The Governing Biard of the Urbanization shall determine each year the price per hour for the use of the paddle tennis court, when it is necessary to turn on the floodlights, and shall determine the method of payment.

7.7 The uniform to be used by the players shall be the normal and usual sports uniform for the game, both in clothing and footwear, and those who do not comply with this requirement shall not be allowed to use the tennis courts.

7.8 The Governing Board of the Urbanization shall decide the days and times that the court is used for classes, championships and social activities.

7.9 It is strictly forbidden to use the paddle tennis court for any activity that, by its nature, can deteriorate it. In particular, activities carried out with wheels or roller skates shall be avoided.

8 | From the employees of the Urbanitation.

8.1 All contracted personnel shall have a mission to fulfill with the Urbanization, in order to achieve the correct functioning of all the services and common elements.

8.2 In view of this, the instructions issued by the Board of Directors must be complied with exactly by all the owners.

8.3 It is therefore absolutely forbidden to make any type of discussion or complaint directly to the employees, the system being that of reporting to the President or Manager of the block, in accordance with the article of these regulations, the Board of Directors, through its bodies, being the only one to give instructions, acknowledgements or sanctions to the persons hired.

9 | Garbage service.

9.1 For the proper functioning of this service, avoiding disorganization that would lead to problems of bad odors and unhealthy conditions, as well as lack of aesthetics, it is established that the garbage must be deposited in the existing containers for this purpose, not being able to be left in a different place under any circumstances and it is forbidden to leave bags or other containers outside the place intended for this purpose.

9.2 In the event that the objects to be deposited exceed the normal size, are furniture or objects other than garbage or are polluting elements, the owners must take them to the clean points of the Municipality, outside the Urbanization.

10 | From the garage.

10.1 The common garage is for the exclusive use of the owners of the garages existing therein, and access to the same by vehicles belonging to persons not belonging to the property is not permitted.

10.2 The use of flammable, explosive or toxic material which could constitute a risk for the Community is prohibited, both in the garage spaces and in the storerooms.

10.3 The common garage door shall remain closed whenever there is no owner inside the garage. For security reasons, after opening the door, the user must wait for it to close in order to prevent intruders from entering.

10.4 It is forbidden to store objects other than vehicles in the parking spaces.

11 | Of the works and reforms.

11.1 No owner may carry out any work affecting the exterior of the building, elements of community use and façade without the express consent of the Board of Owners. To this end, the same shall be informed of the project to be carried out and, after verifying that it does not break the exterior homogeneity, the Board shall give its approval or not. If authorization is obtained, the works shall be carried out in exact compliance with the technical recommendations, and the owner shall be responsible for this.

11.2 If the works are carried out without permission or in a manner other than that authorized, they shall be returned to their original state, without prejudice to the provisions of the corresponding articles of these Regulations and any action that may correspond to the Community.

11.3 Expressly, no owner may carry out individual works on the exterior façades, various types of painting or install elements that modify their state and architectural configuration, and which in any case differ from those already installed. The installation of commercial signs on the façade is prohibited, as well as the installation of antennas of any type, wiring, air conditioners or their ducts.

11.4 When an owner is going to carry out works inside his dwelling, he must obtain the pertinent permit from the Benalmádena Town Hall, where the characteristics of the work and its non-affectation to the structures or common elements of the Community shall be reflected. The owner who carries out the works will be obliged to protect the common elements (elevator, stairs, etc.) so that they are not damaged, as well as to leave them clean and in order.

12 | Use of common services by guests.

12.1 For the use of services and common elements by guests of the owners or occupants of dwellings or premises, it must be taken into account, as a main rule, that this enjoyment will always be subject to it being possible and that it does not deprive at any time the rights of each and every one of the owners or residents of the Urbanization.

12.2 The Board of Directors shall establish each year, by majority vote, the rules for guests, possible number of each service, maximum for each owner, etc., notifying the owners in writing. For the swimming pool it is established that a maximum of 4 guests may enter together with the owners.

13 | Leased or rented housing.

13.1 Reiterating in full the obligations of the owners which are reflected in the Statutes of the Community, each owner shall be obliged to inform the President or Manager of his block of the person and other details of the lessee or assignee of the apartment or premises, since without this communication the occupant will have no right to the use and enjoyment of the services and common elements.

13.2 In this communication, which the President or Manager of the block shall send to the Board of Directors, the lessee or assignee shall state that he/she is aware of and accepts the By-laws of the Urbanization, those of his/her own block and these Internal Regulations, undertaking to comply with them without prejudice to any actions which, if applicable, may be brought against the owner by the Community.

13.3 Consequently, the rights and obligations of the By-laws and of these Regulations affect the occupants of the dwellings in the same way, whether they are owners, usufructuaries, lessees or users by any title of occupation, or by simple onerous or gratuitous transfer from the owner.

14 | Other standards.

14.1 The owner who holds the office of President of the Community shall benefit from a 50% discount on the Community fee corresponding to his dwelling, during the time that he holds this office.

14.2 The Urbanization, through the representative bodies of the Community, may demand from the occupants the damages and losses caused and impose the sanctions provided for in these Regulations, without prejudice to the direct responsibility of the owner in accordance with the provisions of the Statutes and, naturally, to exercise the actions provided for in the Horizontal Property Law, the Civil Code and other legal regulations.

For a good coexistence among us all