TO THE HONORABLE COURT
PLAINTIFF:…….
ATTORNEY:…….
DEFENDANT:…….
SUBJECT: Our Request to Prevent Interference with the Common Area
EXPLANATIONS: My client is the owner of the independent section with parcel number ……. and share ……. located on the main immovable property registered in the land registry at the address ……. in the province of ……. , district of ……. , neighborhood of ……. , block ……. , island ……. , parcel ……. The defendant is also the owner of the independent section with parcel number ……. located on the same immovable property.
The defendant has interfered with the property rights by constructing a garage in the garden, which is a common use area located at the address ../../…. without the permission of the other floor owners.
Verbal warnings made to the Defendant to rectify this situation were unsuccessful, and as a result, an official notice dated ……. and numbered ……. was sent to him. Despite this official notice, the Defendant did not demolish the garage he built on the common area.
For these reasons, it has become necessary to file this lawsuit to prevent interference with the common area.
H. REASONS: Condominium Law and Related Legislation
EVIDENCE: Title Deed, Warning Letter, Inspection, and Expert Examination
CONCLUSION: For the reasons explained, the defendant’s interference with the common area shall be prevented, the garage built in the garden shall be removed and restored to its original state, the costs of the proceedings shall be borne by the defendant, and that the opposing party’s attorney’s fees be borne by us in accordance with the last paragraph of Article 164 of the Attorney’s Law No. 1136, as amended by Law No. 4667. …….
PLAINTIFF’S ATTORNEY
…….