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Professional Advice

Ask the Administrator: How big does the majority has to be?

Hi,

how big does the majority has to be when in the owners meeting is voted for extra budget for repairing .

How big does the majority has to be when in the owners meeting is voted for extra budget to take the builder and the architect to court.

Looking forward for your answer.

JJ.

Administrator:  Juan López

Good afternoon

As we would need more details about the works to be done, the answer to your first question is as follows:

Except for: needs for habitability, safety, etc.. or elimination of barriers for disable people or new telecom. services;  other works shall have 3/5 of votes which shall mean 3/5 of coefficients.  If the fee is more than three monthly fees, the owners are not obliged, but they can choose not to have right to use the improvement.

However, to take the builder and architect to the ocurts, you will need simple majority

Kind regards

comunidad de vecinos

Ask the Administrator: Contribution of a commercial site to the building fees

Hi, I have a site in a community with no access to the building.  When I bought it, I was informed that I hadn´t to pay community fees.  In the last meeting,  they told me that the comercial sit eha snot participated for 40 years, except when the fachade was restorated, then I paid as this is reasonable.  My question is if I am now obliged to pay .  The community states that I shall contribute otherwise, I will have to pay retroactively for previous years

Thanks in advance.  Regards

E. Román

Administrator:  Juan López

The law is very clear regarding your obligations in the community as an owner.

Art.9 e) To contribute with the general expenditures for the acuarte maintenance of the building, services, charges and responsibilities, accordingly to the quotes stated in the deed or specifically agreed, always that those are not individuals.

Therefor,  our understanding is that you are obliged to pay:

The fee agreed in the Meeting, approved with the Budget and according with your coefficient.

  • For instance, should you not have access to the building, you are not paying the maintenance costs such us cleaning, lifts, electricity, etc…
  • However, it is obvious that you will pay other Budget expenditures such us Insurance, Legal Fund, or as you said, general repairs, main drain piping, pillars, fachade, terraces, etc…

With regards to the second question, if they are claiming previous years, you need to check the minutes of those years and confirm if there is a quote or not, if you were notified, or not.  Accordingly with the modification of the Civil Code 2015, you could be claimed for the last 5 years, in general terms.

The 1964 article of the Civil Code reform, made by law 42/2015, 5 October, has introduced a very important modification concerning the general period of limitation of actions (monetary claims) personal, reducing it for 15 years, which is It established previously, to 5 years.

We insist, this is a general issue.  Finally, the lack of access to the building is not exonerating you of contributing but always according to your quote and the items that you are obliged to participate.

Thank you.  We remain at your disposal.

Kind regards

ASK THE ADMINISTRATOR: Are loans available for communities?

Are loans available for communities?

In our community we are facing a lot of expensive repairs that need to be done. They concern fire security and other safety matters.

The builder refuses to do so. (and even changed into another company as apparently happens quite often in this region)  The question of some owners is if the community  can take a loan to finance the work and pay back the loan from the normal budget.

Looking forward for your answer.

J. J.

Administrator:  Juan López

Firstly, we understand form your e-mail that this is related to building faults.   
  • Please notice, that these issues are covered as long as they can be demonstrated accurately and within the legal timelines of guarantees.  This is not only responsibility of the builder but also the developer and the architect and other building professionals involved in the urbanization such as engineers, etc,  all of them covered by public liability policies.   But it is important to be able to demonstrate that you are reporting building faults by providing professional reports (produced by architects or building engineers entitled to state that kind of conclusion) confirming that there are latent defects or breach of contract and the complaint shall be reported within the warranties terms.  So you should take this option into consideration. 

 

  • Secondly, some Banks like Banco de Sabadell and Banco Popular offer interesting loans for this kind of works.   This is possible if the community can justify the necessity, providing  the community got the relevant license and confirm that it was agreed by the relevant community meeting.

 

Your administrator will surely know both options.  Should you wish to meet us and discuss this issue with all the details, we will be delighted to attend you.

 

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