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Pregunta al Administrador de Fincas: DEUDA INCORRECTA

Good morning. Recently I have received a request from  the Court claiming the last fees that I have not paid to the community. However, I think that the amounts do not correspond to the reality and that while yes I have to pay  the last three, the date of January 2015 settlement agreement is not correct and the amount claimed is greater than the actual, would I then oppose for this reason?

 Dolores D.

Administrator:  Juan López

According to your explanation and according to article 18 of the law of Horizontal property, the agreement of settlement to which refers is firm and irrefutable, as understanding that the agreement of settlement and act the same collecting was notified, unless you made use of the possibility of challenging within three months of such agreement due not being right, later is no possible to attack regarding the liquidity and the existence of the debt, since the timeline for actions expired, and may in any case be argued with possibility of success to see exempted from the obligation of payment made as compensation, or if you had made the payment, even if partial, prescription or pluspeticion for example.

Pregunta al Administrador de Fincas: Delegación de voto

My mother owns a dwelling in a building of Murcia where the corresponding Board of proprietors has been announced, however my mother is very old and she is not able to attend, how do I represent her and vote topics which are in te agenda to deliberate?

Luis G.

Administrator:  Juan López

Article 15(1) of the Horizontal property law establishes: “assistance to the Board of owners will be personal or by representation (legal or proxy), being enough to prove this a writing document signed by the owner”. Therefore, the delegation of vote always has to be in writing and will never be valid orally.

 

A letter, which briefly expose her mother gives you full power of decision, so you vote on her behalf.  The proxy shall be given to the Board, identifying the name, ID and address, should be both of you as representative or authorized and your mother as owner, indicating the date of the meeting for which representation and both firms takes place. Thus, you won’t have any problems to come and decide on your mother´s behalf.

 

Pregunta al Administrador de Fincas: Potestad del presidente

Good morning. I am President of a community of owners in Alicante and we will take legal action against a neighbor who without any kind of authorization has made works affecting common elements of the building. My question is, Can I proceed to issue complaint since I hold the representation of the community or it is necessary to obtain the authorization of the co-owners to do so?

Ivor F.M.

Administrador:  Juan López 

Although the Horizontal property law only requires express the agreement so that the President can exercise judicial actions in defense of the community of owners in the event of action of cessation of activities prohibited by the statutes that are harmful to the farm (article 7.2 Horizontal property law) and claim of unpaid assessed contributions in case of order for payment procedure (article 21 LPH) It is not reasonable beleive that by holding such representation attributed in generic way the President allowed to decide unilaterally on issues so important for the community, being jurisprudential doctrine “the need of a prior agreement of the Board of owners that expressly authorizes the President of the community to exercise judicial actions in defense of this, except that the President acting on quality of owner or the statutes expressly provide otherwise”. So in view of the above, it is needed…

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