TO THE HONORABLE COURT
PLAINTIFF:…….
ATTORNEY:…….
DEFENDANT:…….
SUBJECT: Our Request to Prevent Intervention in the Common Area
EXPLANATIONS: My client is the owner of the independent section with the number .. and share .. located on the main property registered in the land registry at the address ……. in the province of ……. , district of ……. , neighborhood of ……. , sheet ……. , block ……. , parcel ……. The Defendant is also the owner of the independent section with land share no. .. in the same immovable property.
The Defendant interfered with the property rights by building a garage in the garden, which is a common area, on ../../…. without the permission of the other floor owners.
Verbal warnings to the defendant to rectify this situation were unsuccessful, and as a result, a formal notice dated ……. and numbered ……. was issued to him. Despite this formal notice, the defendant did not demolish the garage he had 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, Discovery and Expert Examination
CONCLUSION: For the reasons stated, 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 awarded to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667. We respectfully request and demand this decision. …….
PLAINTIFF’S ATTORNEY
…….