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Professional Advice

Pregunta al Administrador de Fincas: Actividades ruidosas

Hello.  The apartment above is rented by two women who have settled their dressmaking worshop there.  I understand that this is their job.  However, I cannot stand the noise coming from the equipments.  I don´t know what to do and which laws can help me.  Thank you. 

Alonso G.

Administrator:  Juan López

Firstly, it is in art. 7 of the Horizontal Propiertors Law that the activities developed in the apartments disrupting to the others neighbours, nevermind if the person is the owner or just a resident, this is not allowed.   You should go to the president so he notifies the dressmakers encouraging themto stop the activity.  If they ignore the notification, and you are supported by the other neighbours, the community need to initiate legal actions, represented by the president.  If you don´t got the support that you need, you can take legal actions individually through the civil code as your neighbour is causing you inconveniences.

Pregunta al Administrador de Fincas: Plazos de entrega del Acta

Good morning.  Could I ask which is the time line for sending the records of a meeting of owners?   For possible claiming against the agreements.  Thank you

Antonio M.

Administrator:  Juan López

There is no timeline for sending the minutes to the owners.  The law requests that the minutes are produced and signed by the president and the administratos before 10 days after the meeting.  If the records are not sent to the owners for a time after the first 10 days, the attiude isnot good.  Ask a copy of the minutes to the adminsitrator and remind him what his duties are.

Pregunta al Administrador de Fincas: Monitorio

I am the president of one community and would like to know if we need to call to a general meeting before initiating en european order for payment procedure.  The debt I am referring is higher than when we produced the certificate. Thank you.

Regina D.

Administrator: Juan López

The European order for payment procedure is useful to claim the payment, but we need to fulfill the requestments of art 21.2 of the Horizontal Propiertors Law (only the amounts which have been liquidated in general meeting)  So, if there are new debts added to the amount already approved by the community, you need to held an extraordinary meeting to approve the new figures of the debt.  A new certificate of debt shall also be produced as complement to the first one.  This protocol will be done before takig the legal action if we want to ensure being sucessful.

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