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August 2017

Ask the Administrator: Risk of detachment

Hello. My community is against changing the facade plates while a technician advised us to proceed with the change due to being in risk of detachment.  Shall I do place on record my dissatisfaction and refuse to pay any compensation that might require should occur sometime this detachment?

Paola J.

Administrator:  Agustín Pascual del Riquelme

Yes, you can register their discontent, but this is not ensuring that in case of detachment you will be exempt from responsibility in case of accident.  I advise that if agreed not to proceed with the change , you contest  judicial agreement, because we must also take into account that it is an obligation of the community to perform the works required for the proper maintenance and conservation of the property and its services to ensure their structural conditions, habitability and safety.  Another option is to go to your town hall to denounce this situation, which will make the community be forced to make the change.

Ask the Administrator: Contribution of the businesses in the maintenance works of the building

In my community we are 10 houses and two sites located in the gorundfloor of the building whith no access to the common stairs.  We intend to do several works which are necessary for the conservation of the building.  On the one hand, to fix the roof, and on the other hand, to paint and thoroughly clean the staircase that is already in very bad conditions.  But arises the question of whether the sites should contribute to these expenses, since our statutes do not specify anything on the subject, could you advise me on this?  Thank you.

Karen P.

Administrator:  Juan López

If the statutes do not relieve expressly to the businesses of this type of expenditure then we shall go to the general rule.  The expenditure will be shared by the businesses according to the coefficient as well as the rest of the owners.  This is so because it is also a project for necessary conservation of the condition and maintenance of the building.

Ask the Administrator: Levy not used

A year ago, the community approved an extra payment for the installation of an elevator, so all the neighbours made an important contribution.  Finally the installation could not be carried out due a technical problem with the building, but the community did not refund the contributions, but that money has been saved for future repairs.  Can I apply for my contribution to be refunded to me?

Jaime J.

Administrator:  Agustin Pascual del Riquelme

What the community did was to provide those amounts to the reserve fund, but although the owners must contribute to the endowment of this Fund to attend the works of maintenance and repair of the property, certainly,  the contribution made by you has not been destined to the purpose for which you made the payment, and therefore you are entitled to require that the amount is returned if you do not agree with that decision of keeping the money as  contingent on future works that have still not been approved by the community.  Unless that the community agreed at the AGM to include that fund in that budget expenditure.

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