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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

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.