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June 2016

Pregunta al Administrador de Fincas: ¿Podrían llevar a cabo dicha obra si una gran parte de los propietarios nos negamos a ello?

Good afternoon. In the month of October 2015 I bought a House that is located in a residential area and, among other things, has communal pool, 2 paddle courts and 1 squash court. Currently, some neighbors want to enable one of the paddle as a multi-sport courts (indoor soccer, basketball, tennis, etc…). Could they carry out this work if a large part of the owners refuse to do so?

Carla R.

Administrator:  Juan López

Good afternoon. When you buy you homes with the paddle courts not can carry out this reform without having an agreement on Board of owners in this regard. This requires 3/5 parts of favorable votes of all members of the community, as established in article 17.3 of the Horizontal property law

Pregunta al Administrador de Fincas: Se están abriendo un montón de grietas

Good morning. Since the year 2009 I have watched that, with the passage of time, the portal of my house a lot of important thickness cracks are breaking. All this have put knowledge of the administrator and the President and they tell us that they are doing everything but that the construction of the building, like many other companies today, is in bankruptcy, and they’re getting them plenty of obstacles. My question, to see that time passes and the problem continues to grow, we know what pending formal could do to resolve the situation.

Espen W.

Administrator:  Juan López

Good morning. It is normal that the construction company had hired in his day decennial insurance (this is compulsory insurance that must hire developers or construction companies to insure any damage or ruins caused in homes that have been built over 10 years) which is required to cover such damage being a structural damage and failure 10 years after construction.

 

Therefore, first thing you should do is to claim insurance and, in the event that this does not meet, must bring legal action both against insurance as to the developer and construction company. We recommend that do not act at your own risk, but all put in knowledge of the community, a meeting be convened and decide the measures to take by common agreement.  Another different thing is that your community has already requested an expert report confirming that they are cracks due settlement and therefore, it´s a matter of maintenance.  In that case, the ten-year insurance will not cover, but yes it is the obligation of the community

Pregunta al Administrador de Fincas: Está echando tierra en mi parcela también sin mi permiso

Good afternoon. I would like to raise the situation that I have been suffering for some time: I am owner of a n unbuilt land, located within a private development. The owner of the adjoining plot is going to build and, without asking permission, he removed the Mediatrix mesh that divides both plots and will lift a retaining wall, which I have yet to see if it invades my field. In addition is also throwing earth on my plot without my permission and using it as downloads of materials. I would like to know what can I do to stop him using my plot and that exploits that there no one lives to try to make its wall on my own, because the reference of the mesh has been lost and it´s now hard to see which part of the field corresponds to each one.

Luis Miguel G.

Administrator:  Juan López

Good afternoon. Under no circumstances anyone can invade your plot, used as a discharge zone or change the Mediatrix fence without your express permission. You are advised to speak with him, warning him of the irregularity and urging him to relinquish his attitude and restored the situation to as it was previously. If he ignores you, send a burofax giving a fixed period to restore the area as it was and warning him that otherwise you would be forced to take legal action. If your neighbour continue in that attitude, put the case in the hands of an attorney to initiate legal proceedings.

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