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March 2017

Ask the Administrator: They use two votes. Is this right?

The President of my community and her husband who is the Real Estate manager, are owners of one of the properties.  At the AGMs, they use two votes but they represent one property.  Is this right?

Joanna K.

Administrator:  Juan López

Well, this is atypical and could cause conflicts.  When one property is owned by two different proprietors, only one of them will be president or representative.  To be a president you need to be owner.  To be administrator, you just need to be elected by the community.  If the community did that election, this is legal.  No problem.  However,  each property got one vote, as it is in art. 15.1.  So, in the minutes, only one of the two owners of the apartment will be recorded.

Ask the Administrator: obliged to move due community repairs

Good morning.  My community will carry out some repairs which include to remove the flooring on the corridor of my house.  For that, we will need to move into another property eventually.  I know that I am obliged to permit the works are done, but can I request a compensation?

Sebastian K.

Administrator:  Juan López

To answer to your question we take as reference art9.1 c) LPH, saying that the owner is obliged to permit any work that the community need to do in his property and also the access to the property allowing any action that has to be taken during the solution of the issue.

The owner will have the right of being compensated by the community for the inconveniences or damages caused.  Also, the Civil Code art 1902 states that any person who cause any damage to a third party, due to action is obliged to repair the damage.

“who causes damages to others, proactively or due lack of actions, shall repair the damage”.  In virtue of this art., the co-owner obliged to move due communal works shall be compensated.  Should the community refuse, do claim that decision as it is in the law the right for the affected owner

Ask the Administrator: The bill and the quote shall be same figure

Hello.  The bill and the quote shall be same figure.  I am the president of my community.  A while ago, the community contracted a plumber to repair a problem that should be paid by the community.  The quote given by the plumber was 150€ and the work was authorized.  Now, when we were to pay the bill, the worker says that the cost is 50% more expensive because they did not see another break when they gave the estimation.  Is the community obliged to pay that extra amount of money?

Paola J.

Administrator:  Agustín Pascual de Riquelme

Good morning.  Yes, the bill and the quote shall be the same figure.  It is in art.  3.4 y 4.2.2 of Decret 35/1995, 20th of April, regulating the activity of services in the housing, the bills must be the same that the quotation.  So, if when the plumber was doing the job, he found another issue, he should have informed you bringing the estimation of the new repair and waiting for the authorization first.  If he had received the written seal of approval, he could now claim the total amount.  However, as it was not informed  he cannot claim for that money as it is not in the agreement.