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December 2014

Foro Comunidad de Propietarios: Acristalar mi balcón

Bjorn K.

I want to use my balcony in Winter, but would need to have some glass courtains.  Do I need to ask to my neighbours or community?

Administrator: Juan López

If there is no mention in the internal rules and the new element affects to the exterior building of the block, as it seems that is the case, you need unanimity (art. 7.1 LPH)  It is recommendable to go to the community with a draft of your project, so they can inform you about what yiu can do and how to carry out the procedure.

Foro Comunidad de Propietarios: Deuda de propietario anterior

Lourdes P.

Last summer, I bought a house.  In order to do not lose the opportunity, I didn’t care to ask for the certificates to be aware.  When the community informed me of the debt that the previous owner had left, I tried that they claimed to him.  Am I really obliged to update these fees?

Administrator: Juan López

Your case is becoming a very common in the last years.  I am afraid that after having signed the acquisition in a hurry, you will now have an expense that you did not calculate.  Article 9 of the Horizontal property law makes it clear that the purchaser of the property is responsible for.  And in addition, your community might make use of article 21 if it is so agreed.   However, talk to your administrator and provide your purchase documents.  If there are legal professionals in the staff they will advise you before  you have more expenses for lawyers; It is possible that in the drafting of the transmission of property, there is a key that allows you to claim to the seller.  Everything will depend on the feasibility and desirability.

Foro Comunidad de Propietarios: He firmado contrato privado de venta

Arturo H

I have signed a private contract weeks ago with thirds to agree they will purchase the apartament.  However, we wont go to the notary for compeltion until 8th of January.  Am I obliged to pay the community fees for this current month?

Thank you

Administrator: Juan López

It is necesary to complete totally the sale of the property before being exenorated of obligations.  A private contract is just a commitment of both parties for the completion agreed in a short future.  However, the normal way of taking over a possesion is with a title deed.  This is called traditio fictia (falso delivery) In the meanwhile, the actual owner is the last registered.  Therefore, you will be obliged with the community as you will have vote and voice as co-owner, until the completion.

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