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Ask the Administrator: Add items to the agenda

Good morning. I am writing because I am President of a community of owners in Murcia, and I have a question that I would like you to resolve.  A General Assembly will be held in 15 days.  It was convened in time, way and detailing the agenda.  But today I noted that one of the owners of the community hung on the notice board a letter demanding that be dealt with a list of points which were not collected in the aforementioned agenda.  I am writing to you because, in fact, that owner has not paid the community over 5 months and I wonder if, in this situation of debt, he is entitled to the required topics are discussed

Ana K.

Administrator:  Agustín Pascual del Riquelme

Good morning. We fully understand the questions. It is not the first time that any of our customers/users rises something similar, since regarding this rules, sometimes can lead to errors of interpretation.   Likewise, you are the President of the community of owners it is logical that you worry about give a good “service” to the community you represent, so we are happy to answer any question.

 

In this case we have to take into account that the debtor only loses the right to vote and contesting of agreements, but holds other rights attending any owner (among them, to request that certain subjects are treated in the agenda). However, the ways he used are not appropriate because the LPH sets, to request that a point is included in the Assembly, it has to be done by means of a letter addressed to the President of the community.

 

Therefore, it would be good that you contact this owner, and using the opportunity of  inform him about the procedure for requesting that certain issues not included in the agenda, you show yourself interested on his situation and why he is not paying community fees, because what we can deduce is that he is a neighbor concerned about the functioning of the community and may want to reach some kind of agreement to sort the debt.

Ask the Administrator: Can I build a wall?

Good afternoon.   Can I build a wall?  I am writing because I have a two floors detached house  with a front yard and another backpatio, on the coast of Orihuela, which I use for holidays.  This housing is adjacent to another, which looks directly to my back yard through a window of one of the rooms. The case is I have not been there since last summer, and what was my surprise on last weekend on my last visit to inspect the house and I realized that the neighbour is doing works to build a second window.  As I don’t want it affecting my privacy or to my family, I wonder if I can build a wall in front of those windows so that you can not see  the inside of my house.

Ellena K.

Administrator:  Agustin Pascual del Riquelme

 

Good afternoon.  Thank you for asking us in a situation like that.  As you already know, our philosophy is always aimed to achieve an agreement between the parties and solve any problem in a friendly and cordial manner.   We break down the response, to ease you to take quick actions

 

  • If there is a horizontal division as we suppose, his neighbour has no authority to alter the facade without your consent.
  • It is possible that, if your neighbour has begun, he is unaware of that prohibition, so it would be better to speak with him, as it is very likely you make him think twice and replace the façade to the original situation.
  • Only in the event that your complaint is ignored, we advice you to formally claim your neighbour by a professional in the matter.

 

Regarding raising a wall,  we do not recommend it because the Civil Code  stipulates certain limitations regarding about sights and lights.

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