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December 2015

Pregunta al Administrador de Fincas: Deuda del antiguo propietario

Good morning. Two months ago I purchased a home that now, community, claim me payment for works in the common elements of the building were performed before the purchase, but I have refused to pay such expenses. Do I have to pay this?

Joe K.

Administrator:  Juan López

What has happened here, as what exposes us, is that the previous owner did not communicate the existence of this expenditure which would have been a burden on the sale, and there may therefore be a Vice for which the seller is responsible. However, you do pay this expenditure, as the community is entitled to claim the proportional payment of those expenses to who is the current owner at the time of completion of the work and payment of the price of the same what advise you to meet this expenditure and at the same time claim the previous owner such claims.

Pregunta al Administrador de Fincas: Reparaciones en terraza ¿Privativo o comunitario?

Hello. In my terrace there have been some damages of filtration, and to be an element of private use I am not sure who has the obligation to repair, if the community or myself as owner. I look forward to hearing from you.

 Jan O.

Administrator.  Juan López

Good morning. The determining factor in resolving who should pay  the cost of repairs, is not about the ownership, private or common of the terrace, but the nature of the service to be carried out, in such a way that, whether they are ordinary or normal, conservation or use, they correspond to the users of the terrace, and if they are extraordinary and the item to be repaired was fulfilling structural function for the common benefit, everyone must contribute to pay for that repair and, therefore, will be in charge of the community. What is relevant is, therefore, if the damage from the terrace is in the proprietary or common element, and, in any case, in order to be enforceable to the owner using the terrace exclusively, the community must confirm that such damages are due to fraudulent or negligent action.

Pregunta al Administrador de Fincas: quiero alquilar una plaza catalogada para minusvalidos

Good morning. I would like to know if there is the possibility of renting a parking place designated for the handicapped, an owner that does have a handicap, when I don’t have this consideration. The place is owned and is located in the parking  of a community building.  

Raúl M.

Administrator:  Juan López

Good morning. A catalogued for the disabled is a site with special measures in order to, among other things, facilitate the parking to those disabled people who are going to make use of them. Use and enjoyment by anyone who is not handicapped can be rigged the Elimination of this cataloging, as well as the possibility of the imposition of administrative sanctions for fraud

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