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September 2015

Pregunta al Administrador de Fincas: Obligación de permitir acceso a vivienda para trabajos comunitarios

Good morning. In the last meeting of owners, it was approved the realization of some works to eliminate noise from my apartment. To do so, the technicians of the work need to get on the floor below, but the owner refuses to allow it. What can I do?

Raymond G.

Administrator:  Juan L.

The Horizontal property law requires owners of all apartments comprising the community of neighbours to facilitate access to their homes in order to carry out the works or repairs that are necessary in the building. As a result, if the owner of the ground floor does not allow this access, you are aware that this action is entirely contrary to the provisions of the law and therefore if this were, I recommend that you go to the courts to bring the corresponding action.

Pregunta al Administrador de Fincas: Contador de agua

Hello, I was wondering if I could install a single water meter in my community and if such installation would affect the rest of inhabitants.

Luis C.

Administrator:  Juan L.

You should know that each owner has an obligation to contribute to the common expenses that are not capable of individualizing, but in this case, the cost of water is perfectly individualizable, and is entitled to do so.

I recomend you to take this issue to the next AGM sending a letter to have it included in the Agenda.  For proprietary counters Community agreement, don’t need but it should treat it on board to give opportunity to owners wishing to do so install it. As well as anyone has the right to put it, it is not possible to force its installation who do not want it, even if it were approved by a majority.

Pregunta al Administrador de Fincas: Reformas de fachadas

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In my building, it has been recently approved the restoration of the facade which includes the replacement of windows and doors of all flats balcony, payable by all residents on the basis of the quote of each of them. In this case, I understand that windows and walls are common elements? could we change it without the authorization of the community?; also, would comercial sites which  have no windows or balconies be obliged also to pay the windows and walls of the flats?


Claire K. 



Good afternoon. The windows and walls are considered common elements of private use.  In fact, the Horizontal Properties Law states that it is common element ” the facades, with the exterior cladding of terraces, balconies and windows, including the locking elements forming them and their siding”. By the way, you can change them whenever you want, always with the permission of the community, and using the same material, color and shape chosen for all windows.

However, the distribution of the cost among the owners is another different issue. As you say, the businesses can be excluded but that decission belongs to the Community.  The owner of the site needs to make the the petition.