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April 2015

Pregunta al Administrador: Vecino que acumula basura

Since some months we have noted that a neighbor of my building community is collecting garbage in your House, from which comes a horrible smell that is affecting several houses of the same floor, including mine. How can we respond to this situation?

Kai R.

Administrator:  Juan López

According to your explanation, this neighbour is in breach of article 9 of the law of Horizontal property that establishes the obligation of each neighbor to keep his property in in good condition and conservation so the community or other owners feel no harmed

Therefore, first thing you should do is send a burofax to this neighbour informing that it is necessary to gain Access to the house to check the situation for the adoption of a solution that will put an end to this situation, warning that in case of refusal , he will  be requested legally

If the requirement brings no positive result, will have to undertake criminal proceedings against the neighbor to be granted such authorization and cessation in that annoying activity and to the detriment of the rest of the owners. I recommend you to take further requests to competent health authorities so the authorities take the necessary public health prevention measures

Foro seguro de hogar: límite por el robo de joyas

Jaqueline A

Hello, I live in a Villa inside an Urbanization and I have a Home Insurance policy contracted with AXA. The other day I suffered a robbery at my house and the jewelry kept in the safe were taken.

I have contracted the limit for jewelry up to 9,000 euros and the insurance provider tells me that they will pay all jewelry stolen except one, the most expensive, which is worth 6,250 euros, as proved with the invoice I provided.

They told me that as it cost more than 5,000 euros I am not covered because it should have been declared when making policy.

I am not satisfied because I understand that they should at least compensate me the 5,000 euros limit for theft of jewelry.

Am I right? What can I do? Thanks.

Moderator, Sergio Sanguino

Dear Jaqueline,

The policy you have contracted states that “unless explicit statement it shall not be entitled the compensation of those jewels which are worth more than 5,000 euros”

This is, the Insurance Co. argues that the absence of any statement to that effect at the time the policy is underwritten indicating the existence of that jewel and its value, incurred in the exclusion of that jewel insured thereof.

What you mean regarding the Insurance Co. not paying the excess of 5,000 euros, ie pretending the jewel should cost that much might serve to policies which simply states that jewels that are worth than X must be reported but in this case the policy is exhaustive: you have no right to get compensation, so we understand that the Insurance Co. works properly.

Kind regards.

Pregunta al Administrador: Si vendo mi casa ¿debo seguir como Presidente?

Am I obliged to continue as President after having sold my property?

 Kevin G.

Administrator:  Juan López        

The position of President has to be represented by one of the owners of the community, so if you stop being owner after the sale of your home, it makes no sense to continue in the position of President. In this case, it will be the Vice President, if so, which perform the functions of the President until nomination of the new President, which will be carried out by means of extraordinary meeting of the Board with the agenda “electing a new President”.

If the new election is not made in the Assembly, I advise you to go to the courts to request the removal from office by the circumstances of the sale, accompanying the minutes of the Board held.