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August 2016

Pregunta al Administrador de Fincas: Gastos comunitarios por servicio que no disfruto

Good afternoon.  I am owner of a basement in a block with different types of properties: garajes, basements, apartments.  The community has recently notified that an extra bill will be charged to afford the repair of the pumb of hot water.  I do not have that uitlity in my basement.  Am I obliged to pay?

Zaira G.

Administrador:  Juan López

Good afternoon.  Evry nwughbour is obliged to paya ll teh expenditures caused by the common elements.  Unless that your title deed or estatutes specify a different thing.

Since this is a water pumb, all owenrs not exonerated by the estatutes shall pay.  If you are not in the second situation, you shall also pay.

Pregunta al Administrador de Fincas: Acuerdo de asamblea

Hi.  A while ago, my community agreed in AGM to distribute the cost of an extra work, in a difefrent way to what is in the estatutes and law.  I did not pay because for me that criteria is wrong.  The community is requesting me to pay.  What shall I do?

Anna H.

Administrator:  Juan López

I am afraid, that although that agreement  might be contrary to the rules and provisions of the articles of title of constitution, their lack of judicial challenge makes it valid, because according to article 18 of the LPH, all neighbor will have right to challenge an agreement in this regard within a period of one year since the Board is held if you attended , or from the notification of the minutes if you did not attend, by what that be had decreed its invalidity, wouldn’t that have challenged in time and form, being expired at this time challenge such action, by which in summary accounts, will have to comply with provisions and pay as agreed.

Pregunta al Administrador de Fincas: Segregación de local comercial

Good afternoon.  I am owner of a site where I carry out my business.  The site is too big and I am thinking on dividing i tinto two spaces for selling the new section.  This posibility is as authorized in the constituition deed.  Shall I have the authorization of the community?

Noe H.

Administrator:  Juan López

                Good afternoon.  Providing that the constitution deed contemplates that posibility, you do not need the authorization of the community.  If the case were different, the mayority required for that would be 3/5 parts of the owenrs which must represent 3/5 of the coeficcients.

What it needs to be done is the adjusting of the new community fees of the new sites (two instead of one) what shall be agreed by the 3/5 of theowners representing 3/5 of the quotes.