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September 2017

Ask the Administrator: We has to open the windows due to the heath

Good morning. I live on the first floor of a 7 floors building of Orihuela in which all homes are connected to a central heating.  As you know, last winter has not been especially cold so there have been days where heating is connected and, literally, we had to open the windows of the heat making (remember that I live in a first and the effect of the caldera is much larger that on the seventh floor), which we consider a useless expenditure because we needed not to have the heating on. For this reason, we are assessing the possibility of purchasing a “Split” that carry built-in air conditioning and heating, but before you do anything I need to know if I have to apply for permission to the community and how to do it.

Jordi G.

B

Administrator:  Juan López

 

Good morning. The problem is something common in buildings that have a central heating system, but before making any decision we have to emphasise a matter important to take into account. First, we have to know if what you want is to choose another type of service for your home or however want to change energy supply in the community. In the first case, you can choose the type of service that you want to use. However, if you purchase the Split we recommend you to turn off the timer in your home and communicates it to the community, because even though it will no longer have to deal with individual consumer spending, if you must continue facing the expenses of maintenance of the boiler, as a common service. If you want to change the type of sourcing, needs to treat it on the Board and which is approved by the 3/5 parts of the neighbors and the 3/5 p…

 

You may read more about this in the following answer provided to another reader in the past  http://mileniun-levante.es/articulos/pregunta-administrador-fincas-horario-calefaccion-central/

Ask the Administrator: The scaffolding will cover my window

Good morning. I am writing because I have a commercial site in a building in the North of Murcia, where I have settled my business (a furniture store).  A scaffold is being put to restore the facade. The scaffolding will cover my window and the advertising sign, as it will hinder the entry of potential customers to it, so that’s going to hinder a lot customer acquisition.  They tell me that works may last up to the end of the summer, for what I do not want or think the losses which may result to my business. Therefore, I’d like to know if I have the right to oppose to the realization of the above works or if I can take legal action.

Luis Andrés M.

Administrator:  Agustín Pascual del Riquelme

Good morning. We understand your concern, but we understand that the restoration that you mention will be something positive for the Community (including the commercial low). Given that such work requires Board approval, it is normal that this work is authorised by the majority of residents.  Therefore, if to carry out it is necessary to install the scaffold, we must say that the community has every right to place it (even if it harms some of the neighbours, as for example you).  As for your question, you, by law (LPH, art. 9.1. c), is obliged to allow repair.

 

However, this article includes the possibility that those workers affected by the works are entitled receive a compensation for the damages (e.g. reduction of income).  In your specific case, as the scaffolding only prevents you from visibility and access, but will not have to close your business, we recommend try to reach a friendly agreement with the community, for example, requesting that they placed a provisional and visible sign for the whole world. In case that the community opposes and you may suffer losses in your business that relate to the work that is running, you can contact a lawyer to initiate civil actions.

Mileniun Levante

Ask the Administrator: The law provides to be computed as favourable votes of those absent owners, properly summoned

Good afternoon.  Is ok to record as favourable vote those of absent owners?  My next door´s neighbour, and I could not attend the last meeting where agreed decisions needing unanimous vote.  But, it is possible to reach unanimity for the adoption of an agreement without being attending the 100% of the owners?

Azahara M.

Administrator:  Juan López

It is normal to think that if not all owners are attending  to vote for or against an agreement, there can be no unanimity, but it is not how it works.  You must bear in mind what is in the law about this which provides that a landlord can assist through legal representative sufficing to do so a writing signed by the owner, and on the other hand the law provides to be computed as favourable votes of those absent owners, properly summoned, who once informed of the agreement adopted on board, do not manifest their disagreement within the period of 30 calendar days.. Perhaps you are in the latter case, to not have said anything about of the agreement adopted on board, has been computed as favourable reached by the majority, reaching the unanimity