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Professional Advice

Pregunta al Administrador de Fincas: ¿Cuéntan los morosos como quorum?

Good afternoon.  I would like to know if the owners no updated with teh commuity fees shall be taken into cnosideration regarding the 50%of quorum for the first call.

Lionna P.

 Administrator:  Juan López

Art 15.2 of the Horizontal Propiertors Law says that the debtors will have voice but no vote.  Regarding the attendees in debt, the same law says “that quote or person won´t be includedto list the legal majorities.  So the coefficient neither the debtor will take part in the meetings held with the aim of agreements.

Pregunta al Administrador de Fincas: Penalización por impago

Good morning.  We got a neighbour who only pays the fees just before every owners meeting so he cannot be on the debtors list.  However,  the community needs to afford the lack of incomes caused by this person.  Can we just settle a penalty for delays?  Thank you in advance.

Julio Andrés G.

Administrator:  Juan López

If as you say, this meant a messure to stop the nonpayments, the penalty shall be proportional to the amount and therefore, the total amount accumulated won´t increase a lot.  But certainly, this is a way of encouraging the owners to pay in time.

 

Pregunta al Administrador de Fincas: Aparezco como moroso

Good mornig.  I have just received the agenda for a meeting in my community to discuss a difficult issue regarding some repairs.  Quite a surprise when I see my name in the debtors list due to a bill that my bank will attend at the end of the month.  I suspect that it was done to don´t permit me to vote since I don´t agree with the works.  Is that correct providing that I will pay few days after the meeting?

Klauss L.

 

Administrator:  Juan López

Firstly, you shall check if the Estatutes of the community state some timeline for the payments.  If so, that is the reason why you are on the list.  Otherwise, you can pay any day wihin the current month.  So, you shouldn´t be in the list and you can vote.  I recommend you to pay the bill before the meeting so none can deprive you of your rights.

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