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February 2016

Pregunta al Administrador de Fincas: Trasteros ilegales

Good morning. I am owner of a dwelling in a building of Murcia. Recently, several neighbors and me have heard that on the terraze there are 7 illegal storage rooms that belong to 7neighbors who are older owners, the first to arrive at the building, and that is not recorded in any inutes, unless it is foreseen in the statutes or any other document that justifies it. It’s been 50 years since, but  we are assessing the option request to remove these storage rooms to the end and they are all illegal, would this be possible?

Josefa M.

Administrator:  Juan López

These terraces for its construction have not followed the procedure legally established, and therefore, as you say this is an illegal work, thus not consists proper consent from the rest of owners that once formed part of the community, or minutes that reflects such works or having modified the title establishing for this purpose, so in principle Fluting required to remove and replace the works to the previous state in which they were. However, 50 years having passed since the construction thing changes, because such an act is prescribed according to art.  1963 Civil Code, because according to this real action on real property prescribed after 30 years, so at this time and according to the above, I  believe that there is little to do.

Pregunta al Administrador de Fincas: Piscina invadida

Hiya. In my community we have a small swimming pool with garden, which are springing up many problems between neighbors, as space is limited, and we find that more and more owners invite more people, hampering its use and enjoyment to the rest of neighbors who we are owners. May be approved a measure to not allow the use to visitors?

José Ramón J.

Administrator:  Juan López

First thing you can do is to review and consult the statutes of the community, in case that it is a limit of visitors than each owner can bring, or any measure in this regard.  If so, you can tell the President to take action accordingly.

If not, you can sugegsts to the president to take theissue to a meeting in orther to agree by allowners a measure to stop this problem.

Pregunta al Administrador de Fincas: Goteras por lluvias

Good afternoon. I got a business in a block with apartments above.  Due to heavy rains, I got leaks on my ceiling coming from the terrace of the property above.  Is the owner or the community the responsible of the repair? Thank you

Susana H.

Administrator:  Juan López

Good afternoon.  Firstly, we need to confirm by the title deed of the constitution of the community if that terraze is private or part of the community.Secondly, we need to know the origine of the leak.  If it is due a break or lack of maintenance.

If the leaks are really due to the deterioration of the layers of isolation (common item) and poor proofing, would be responsible for the community, since it works required for the maintenance and upkeep of the building. If on the other hand, is due to another cause as the poor state of the terrace for example, liable for the owner who is in charge of repairing the damage caused by the use and enjoyment of it, whether you’re a misuse it or impairment by the passage of the years

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