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June 2015

Pregunta al Administrador: Pisos sin vender ¿quién paga las cuotas?

Good morning. I have bought a property in a block of apartments recently built in which not all the properties have been sold.  In case that the Builder fails to sell the total, I wonder who would assume the Community fees of unsold apartments; is there any way to find out the number of houses sold in this construction, officially or otherwise?

 Anne F.

Administrator:  Juan L.

As it is in the Horizontal property law, the participation of all Community expenditure is shared among all the owners of the community. The apartments not sold also have an owner. In this case, the owner of unsold flats is the developer or builder, and therefore responsible for the costs of each of the properties not sold until the moment.

 

With regards to how to know which porperties have been sold, you can go to the registry of the property and request a Simple note, even though the issuance of this document is not free.

Pregunta al Administrador: Terraza cuya propiedad corresponde a la comunidad y el uso y disfrute a mi

Good morning. I’m thinking about buying a penthouse that has a wide terrace that the property corresponds to the community and the use to me, what effects does it have?, how can affect me?

Robert G.

Administrator:  Juan L.

This means that being the property of the community you have attributed the right to its exclusive use while any neighbor would interfere, because they are obliged to guarantee the peaceful possession in the possession of the same, but you are also so in order to maintain this common element in good condition to use appropriate, avoiding at all times causing damage and forcing not to carry out any work without having permission from the rest of inhabitants.

This means that you will be required to cover the costs of repairs resulting from use of the terrace, while will be the community which must be responsible for repairs of the same structural defects or aging that may appear with the time.

 

 

Pregunta al Administrador: En la última Junta extraordinaria de mi Comunidad se aprobó el cambio del carácter de extraordinaria de la reunión a ordinaria en ese mismo momento

At the last extraordinary meeting in my community it was approved to change it into the ordinary meeting at the same time, is this right?

 Luis Alfredo R.

Administrator:  Juan L.

We must distinguish between what is an ordinary meeting and an extraordinary meeting. The Community shall meet at least once a year to approve budgets and accounts.  For that, it will be included all the documentation, accounting and budget to agree economic expenses that will be generated this year.  This runs on the relevant ordinary general meeting. As for the extraordinary meeting, this may be convened when it deemed necessary for the purpose of treating any other item and make agreements that are of interest to the community. So if at that time there were all the necessary documentation for the approval of budgets and accounts of the community and at the same time had gathered all the same owners approving unanimously the change, there would be no reason to understand that such change is contrary to the law.

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