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Professional Advice

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.

 

rectificar errores en un acta

Ask the Administrator: what is the best way to rectify mistakes made in minutes?

Good afternoon. I am President of a community of owners and I’d like to know what is the best way to rectify mistakes made in minutes, sometimes mistakes are labeled and they are pointed out the caveats that are below, but I’m not sure that this is done Correct. Thank you.

Pancho M.

Administrator:  Juan López

To make corrections in the minutes, you need to follow the indications provided bellow:

  • the mistake that is corrected shall always be evidenced. You must not delete or delete with spell and write up, because it would be like to permit manipulation.
  •  The best way to make these corrections is including a stagecoach of rectification, that explains the error and the amendments, or indicated that on line… of the folio, where it says “…” should read “…”, signed by the Secretary with the one seen at the end of the same good President.
  • If the wrong minutes were sent to the owners, the community shall  make a correction of the minutes, in accordance with the provisions of article 19.3 LPH, for what it must be ratified at the beginning of the next Board of owners that correction, incorporating it as diligence of remedies in the book, at the end of the quiet minutes, and stating this ratification in the minutes of the subsequent Board.

Ask the Administrator: Can a person who is not the owner of the building but only the usufruct be appointed President?

Good morning. In the last Board of the community in which I live it was appointed as the new President to the husband of one owner who died recently and on which this man has the usufruct of the property.  But can a person who is not the owner of the building but only the usufruct be appointed President?

Mario J.

Administrator:  Juan López

Good morning. If this person has the usufruct of the property, it lacks the essential element for the appointment which is the position of owner as established in article 13.2 of the LPH. Therefore, that person could not be named as such, because the functions of the usufructuary  are not the same than owner´s rights.

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