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January 2016

Pregunta al Administrador de Fincas: vivienda mal inosorizada

Good morning,  I own an apartment since  2008 but I have not used it Buenos días. Soy propietario de una vivienda desde el año 2.008 pero hasta hace tres meses no he vivido because I have been letting it for rentals.   The property is not well isolated and you can hear any noise from the next door apartment.  I have complaint thousands of times but the developer and Town Hall are reluctant to show me the building books. Please, advice. 

Juan Diego M.

Administrator  Juan López

Good morning.  The main problem is the guarantees are expired.  After seven years you cannot claim to th edeveloper.  It would have been easier if these complaint had been reported before.

However, because the situation is important, you can hire the services of a profesional of isolation who could confirm if the building is fulfilling the laws specifications. With such report, our recomendation is to visit to a solicitor who can advice you about your legal rights

Pregunta al Administrador de Fincas: Todos los propietarios demandados porque unos pocos no han pagado

 Good morning. A contractor carried out works in the community in which I live, because of the damage caused by a fault and that community insurance not covered. The value of such works amounted to 30,000.-€, and each one of the owners must pay 6,000.-€ (we are 5 in total). The problem is that three of them have not paid so and now the contractor claimed his debt (18.000.-€) to all teh owners of the community through the courts. Is this possible?.

Fran G.

Administrador.  Juan López

Good morning. The contractor is entitled to all claim the money that is due him, since he was hired by the community work and complied with the agreement. For cases thus, the Horizontal property law article 22 States that “the community of owners be liable for debts to third parties with all funds and credits in his favor. “Secondarily, and prior order for payment to the respective owner, the creditor may be directed to each owner would have been in the process for the fee that corresponds in the unsatisfied amount.”

I.e., that the creditor can act against all owners (have paid or not), claiming each part corresponding outstanding debt, according to its coefficient of participation

Pregunta al Administrador de Fincas: Propietario de local perfora fachada comunitaria

Good afternoon. I live in a community of owners whose statutes statethat businesses can modify the facade of their individual site and install air conditioning in the facade. At this point, a bar has drilled fireplace community introducing tubes, lifting them over 2 meters, has placed an extractor that is noisy and emits various smells and changing completely the previous image of the community. The owner of the aforementioned bar tells us that he is entitled, because you he can modify the chimeney to adjust the rules of the City Council. Can this be done without notice and authorization of the community of neighbors?

Denise H. 

Adminsitrator:  Juan López

Good afternoon. What the owner says is not true, it is needed the community permission to modify any common element of the building, such as the façade or the fireplace in this case, and the community has to agree before any modification is done.

 

On this basis, my advice is the President of his community to send a burofax urging local owner to remove the works, giving it a run for it and warning him that, otherwise, the community will take legal action in defence of their interests.

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