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August 2015

Pregunta al Administrador: OBRAS PARA DISCAPACITADOS

Good afternoon. In the community where my mother lives the platform for disabled people is broken. After several meetings held to try and get that platform repaired, residents refuse. Please inform me of the measures I can take, since my mother without that platform would be forced to stay in the House permanently.

Petra V.

 

Administrator:  Juan L.

DISABLEDGood afternoon. By virtue of article 10.1 b) of the Horizontal property law which States that “they will be binding and will not require prior agreement of the Board of owners […] (b) the works and actions that are necessary to ensure reasonable adjustments in terms of universal accessibility and, in any case, as required at the request of the owners whose housing or local live, work or provide volunteer services, people with disabilities, or seventy years or older, in order to assure a proper use needs of the common elements as well as the installation of ramps, elevators or other mechanical and electronic devices that facilitate orientation or communication with the outside, provided that the amount affected annually of them, once discounted subsidies or State aid, does not exceed twelve ordinary monthly payments of common costs. Therefore, the community is obliged to perform the repair, if the cost is not higher than 12 months of community fees (What I dont think it is) I advise you to talk to the President or administrator indicating that they must comply with that article. Should they persist in their attitude, send a burofax with content certification, in order to have proof of its claim before the community. Finally, you won’t have no choice but to sue the judicial community

Pregunte al Administrador: Expropiacion de vivienda para hacer ascensor

Good morning. I live in a building of fourteen neighbours, in which the work of installation of the elevator requires to take part of the hall of the floors on the left side, which are the smallest indeed. I want to know if they can force us to do the work if any of the owners refuse.

Juanjo Y.

Administrator: Juan L.

finca antiguaGood morning. The law of Horizontal property states in its article 17.2 that “the realization of new common services whose purpose is the removal of architectural barriers that hinder access or mobility of persons with disabilities and, in any case, the establishment of the lift services, even when they involve the modification of the constitution title, or statutes shall require the favourable vote of the majority of the owners, who, at the same time represent the majority of participation fees. Where agreements are validly taken for carrying out works of accessibility, community will be bound to the payment of expenses, even when impacted annually amount exceeds twelve ordinary monthly payments of common costs”. Here, not finding another solution, the owners of the affected properties can be obliged to accept, with the relevant compensation, always with the approval of the right number of owners, without that is required the consent of the owner directly affected and that the injury does not pose a substantial loss of habitability and functionality of your home.

Pregunta al Administrador: BUZONES PRIVATIVOS O COMUNITARIOS

A few days ago some neighbors complained for finding some mailboxes broken, claiming to the community the repairs. However, I do not think that I am forced to pay for something that is not mine, because each neighbor have an own mailbox. Do I have to pay for my neighbor mailbox?

Sean H.

buzones privativos o comunitarios

Who is responsible for the mailboxes?

The general rule is that everything is installed in public areas has the consideration of community and therefore, all of the neighbors. Therefore, find mailboxes at the entrance of the building in the portal, which is a common element of the building, therefore, is considered to be community elements and the repair shoul dbe made by the community

In addition, as the Supreme Court said, in a community of owners all considered community unless the constitutive title establishes the proprietary nature

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