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June 2017

Ask the Administartor: Ten years guarantee

Good morning.  A question about the ten years guarantee.  In 2007 I joined to a cooperative for the construction of a building on the coast of Orihuela, which was built in 2008.  As well, from the first moment of the construction, we had cracks in the entrance of my house (among others) an important thickness.  We have complained several times.  The manager tells us that he is doing everything possible to fix it but that the Builder is in bankruptcy and finds it impossible to give a solution.  I’d like to know what can I do to sort the situation, because I am quite concerned.

Klaus F.

Administrator:  Agustín Pascual del Riquelme

Good morning.  First of all thank you for that you have decided to contact us while we understand that your problem has a solution it is that deadlines boasts are somewhat fair.  I explain you: promoter or builder of had the obligation of contracting the ten-year insurance which should be responsible for structural damage as that suggests.  This insurance covers damage during the 10 years after the construction. So we understand you are in time.

Therefor, what you should do is claiming to the relevant insurance company before it causes damages and, in case of failure to do so, bring the corresponding legal actions. The fact that the construction company is in bankrupt should not affect the situation, because the decennial insurance was hired and paid in that time and has effect of ten years.  However, as mentioned before, deadlines are somewhat righteous by what I advise you to convene an extraordinary meeting to make a decision as soon as possible to start actions, as very late, at the end of the year 2.017.

Ask the Administrator: Neighbour invading my plot

Good afternoon.  I am writing because I am owner of a unbuilt plot in a residential area on the outskirts of Murcia and the neighbour next to me will start the building of his house. To do this, and without my permission, he removed the metal fence that separated both plots to build a party wall that invades me land.  Also,  we must add that they are using my land as storage for the materials (Earth, stones, rubble, etc…), what I would like to know is what can I do to prevent that continue carrying out both things.

Gabi H.

Administrator:  Juan López

Good afternoon.  Thank you for contact us because we understand these subjects have a simple solution and, often, without motive or reason end up complicated and hinders relations between neighbours.  Thus, applying common sense, your neighbour needs to understand that we cannot invade your plot, remove the fence without your permission and cannot use the land as downloads area.  Typically in these cases is to remove the fence by mutual agreement and sharing expenses by what advise you to talk to him informing him accordingly, and warning of the irregularity. It should not lay down in its attitude, the ideal would be that you required it formally through a burofax, giving a reasonable time to return the work to the situation that was and if not, will be forced to take legal action.

pregunta al administrador

Ask the Administrator: Cameras

Good morning. I am the owner and President of a dwelling in a building of Orihuela. The case is that in the community where I live we have a video surveillance system, approved by the Board, that complies with all legal requirements and, a few days ago, we have had knowledge that the 7th A neighbour has proceeded to install a video surveillance system in your home which captures images even from the outside of it (there is a camera on the landing of his door specifically), without the authorization of the Board, without identifying posters, etc… what I would like to know if it is legal (I believe that not) and, where appropriate, what should we do

Pedro L.

Administrator:  Juan López

Good morning. We are delighted in receiving your question because what is happening in your community is a practice that is still fairly common nowadays, so you as President must have knowledge of the limits in the field of video surveillance to know how to act at all times. Therefore, we must inform you that what your neighbour is doing is not allowed, not only by the Horizontal property Law

  • First, so that you can proceed with the installation of a video surveillance system that captures images of common elements, it needs the approval of 3/5 parts of the owners who in turn represent the 3/5 parts of participation fees (which hasn’t happened).
  • Secondly, it is in breach of the LOPD, it is mandatory to place identification signs; to have the consent of those affected; etc…
  • Finally, it is in breach of the private security act because these images can only be viewed by security guards that have the timely authorization of the Ministry of the Interior.

 

Basically, in order to avoid major problems, we recommend to send a letter to landlord reporting all this and trying to make him understand that the system has to be  uninstalled.  Otherwise we advise to contact a lawyer.

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