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Professional Advice

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.

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

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