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Professional Advice

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.

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.

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