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Professional Advice

Ask the Administartor: Attorney and paralegal costs

Good morning. Due to my bad economic situation my community demanded me in claim of the fees that I did not paid in the last year. Now I have received notification from the Court about the demand for payment and I want to pay the debt, but the community requires me to pay costs of Attorney and paralegal, also even if you pay now before trial. Why do I have to pay these fees?

Paola K.

Administrator:  Juan López

I inform you that this order for payment procedure which provides the LPH to deal with this type of claims, is characterized among other things, because the debtor generally must meet the cost of the whole procedure. Thus, article 21 of the LPH set “(…)When the initial request for the order for payment procedure of Attorney and paralegal professional services is used to claim the amounts due to the community, the borrower must pay, subject in any case to the limits laid down in the third paragraph of Article 394 of the code of Civil Procedure Act, the fees and accrued both by its intervention whether that comply the order for payment as if it not appearance before the Court.” Therefore should you be responsible for such fees that have accrued with the commencement of the procedure.

Ask the Administrator: Expenditures sharing

Hello. I am owner of a flat which has a terrace included in my property, what makes the coefficient higher than the rest of neighbours who have more or less a similar coefficient.  This makes the administrator who maintains the accounts of the community to distribute all costs according to coefficient, having provided that I am obligated to pay one amount.  But there are costs as cleaning that I hardly use whereas other neighbours, such as the commercial sites, do need expressly. I understand that it would be fairer to that certain expenses are shared equally, while others are made by coefficient of participation, is this possible?

Roberto F.

Admministrator:  Agustin Pascual del Riquelme

As it exposed the distribution of spending in your community is correct, and not because the manager says so, but because the Horizontal property law expressly provides that they will be distributed in this way.  However, it is also possible that the community may approve a different distribution system, so need to vote unanimously.   This type of consensus is very difficult to obtain, but may request that you expose and perhaps achieve that it is distributed more fairly sharing.  Please note that only identifiable items may lead to this proposal

Ask the Administrator: Reserve Fund

In the last AGM, we discussed the reserve fund.  Due different extra expenditures in recent years, the amount of this Fund is much lower than in other years.  But most neighbors don’t want to make an impact or a greater contribution to this Fund, leaving it to be at the minimum.  I am concerned that in the future given an urgency and by not having a background in conditions we have to make a large payment,  what can we do?

Julieta H.

Administrator:  Juan López

The law expressly establishes that the reserve fund must be equipped with an amount that in no case may be less than five per cent of its last regular budget.  So at least that minimum must be met.  Good management involves proposing a budget tight but realistic.  Bloat the budget without justification can reveal that there will not be a rigorous work of control of expenditure.  But adjust fees to a minimum, never should be ignoring the law, by what once included items of expenditure of the community, the reserve fund cannot be underestimated.   Now that you know the answer, we recommend that either expose at the Assembly in approval of the budget.  We must analyze all items, to rule out if your community can reduce the amount of some of which correspond to maintenance.  If the reserve fund is not quoted by same or higher percentage than the stipulated in the law , you will need to appeal the agreement at the courts so it is declared as null and consequently, the fund is granted at least with the minimum legal figure

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