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November 2015

Pregunta al Administrador de Fincas: Mi comunidad no quiere contratar limpieza

I just bought a flat in a building that does not have any cleaning service, so you can imagine that after all these years ago where not being cleaned, it is totally dirty. Only each neighbor has tried to keep the entrance of his floor clean. However, what about the rest of common elements?, is it legal that no cleaning service is contracted for refusing several neighbors?  

 Alvaro G.

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Administrator:  Juan López

You should know that the community is in breach of its duty to maintain the common areas of the building in good condition and with health, according to the regulations. Therefore, this topic should be proposed on board for the provision of this service, which will require the majority of votes of the residents of the community.

Pregunta al Administrador de Fincas: Los inquilinos cierran terraza comunitaria para propio uso

Good morning. I live in a House that consists of four parts, three of them are mine property but the fourth is from a third party and let it for rental. In that situation, the tenants of the fourth part mentioned have fenced the garden (common) how the considered whithout asking me first, occupying all the terrace (which I’ve restored) failing to make use of it, despite having reported that the terrace is the common area of the four houses. What should we do, legally, to avoid all of this and protect us?

Angela N.

Administrator:  Juan López

Good morning, given that these neighbors have no right to turn a common area in private, what you should do is to notify to the owners, from the community, so they removed the fence, warning that, otherwise, the community will begin legal actions. Send a burofax, for providing both sending and receiving evidence and if you see that within a certain period, they have not received any reply, I advise you hire a lawyer to initiate judicial procedure

 

Pregunta al Administrador de Fincas: Cuenta de comunidad sin autorizados

Good afternoon. I live in a community where we have just changed of President and Secretary. Up to today negotiations do not have been dealt in the Bank to authorize new charges to manage current accounts. I’d like to know if this is legal and if there is any deadline to make this management, as it has been reported on various occasions to the outgoing President and the answer is that “it is not made because the new President has not been able to appear in person at the Bank”. Does he necessarily have to go to the Bank to make this management the new President and the new Secretary?

Maria Lourdes V.

Administrator:  Juan López

In that case, to authorize new charges and de-authorize the old, the Bank usually asks that all of them go to the baank and take the corresponding minutes of the nomination with new appointments. If old charges can not or do not want to arise, Bank does not usually refuse to do change, would be reasons you topic. However, it is mandatory that the new charges are attending.

 

As to the term, there is a legal requirement. Usually you will do so at the earliest possible opportunity for pure practicity.

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