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Professional Advice

mileniun levante

Ask the Adminsitrator: Leaks from the terrace of the community

Good afternoon.   I am tenant of a site in a building located in Murcia, where I settled my business.  Since a while, each time that we got rains, there are filtrations in my site coming from the community terrace.  This causes damages to my furniture and affect to my business.  The community only carry out light repairs but not solving the problem definitely.  .  My problem is that the community says that the repairs have been done and washes his hands.   What should I do?

Gabriel H.

Administrator:  Juan López

Good afternoon.  Firtsly, you are not the person who shall report to the community but the owner of the site, your landlord who needs to initiate the relevant actions.  So, you should report this to the landlord so he can complaint.  But providing that the community is doing some repairs, this cold be sorted kindly.  He shall appeal to the President and the administrator requiring to have the definitive works done to sort the problem out.  If the problem is due to bad isolation, the community is responsible of fixing it, unless the statutes states a different thing, so I recommend your landlord to check it first.

pregunta al administrador

ASk the Administrator: To replace the floor of the entrance

Good afternoon. Last week we had Owners Meeting  in which, among other issues, it was raised to carry out a work to replace the floor of the entrance, changing the current marble by another of laminated flooring, for  purely aesthetic reasons (the floor is in perfect condition).  The result of the vote was of simple majority in favour of executing the work, but they have told me that for this type of work is needed more than a simple majority. Is that correct?

Gema R.

Administrator:  Agustín Pascual del Riquelme

Good afternoon. Article 17.4 of the LPH establishes that if it is a work not required (i.e. an improvement not required for the proper conservation of the building), the majority for approval is the 3/5 parts of owners and participation fees.  If such majority is reached and approves the work, if your cost by owner exceeds the equivalent of 3 regular fees, the owners who voted against are not obligated to pay.

As it is a work that you want to run for aesthetic reasons, the need, or rather the fact here is obvious and would operate the mentioned article 17.4.

subida de cuota

Ask the Administrator: Increase of the fee

Hello. I have a parking place in a building of Murcia where administrator us has increased to all owners share to pay surprisingly and in my opinion unjustified.  I have ordered the book of records to verify the agreement in this regard, but there are only minutes until 2014. May I refuse to pay?

José Luis G.

Administrator:  Agustín Pascual del Riquelme

First, the administrator is not to decide on the increase of the amount of the share of each neighbor, but is the Board of owners who should take such decisions, approving the budget and their accounts, and therefore, who determines the amount of expenses to cover between residents according to their coefficients, but only will be held the increase if it is approved by the Board, not because the administrator establishes it. Therefore, if you disagree with his actions, I advise you to put it to the attention of the Board is to take letters on the issue, because according to art.13 of the LPH, administrator may be removed from office before the expiration of his mandate by agreement of l Board when it is not acting as stipulated in the law.

 

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