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.
Good morning. I wonder how rules of internal regulations, could establish in my community as not is if it is an authority that rests on the President or the owners. Thank you.
Administrator: Juan López
You should know that these rules not are established by the President of the community at his discretion, it is necessary to follow an established procedure.
To do so, it will be necessary first the proper call for a general meeting, stating in the announcement that within the agenda is the adoption of these standards.
Once on board these rules shall be adopted by the favourable vote of the majority of owners who in turn represent the majority of the participation fees in the building at first call. In second call, it is sufficient the agreement of the majority of the attendees, linking once to all owners approval.
Good afternoon. My parents received a call for one Board of owners of the community in which they reside, and where, among other issues, it will be discussed the change, and election of a new President. The fact that this mandate their turn to hold the post, but as I said, they are older and it is impossible to undertake the tasks it entails for them. I do not live there but I’ll be your representative at the meeting and I would like to know if I pass the Presidency to another neighbour that has already informed me that he would be willing to assume the position.
Administrator: Juan López
Good morning. According to what it says, if there is a neighbour who is willing to bear the charge, there would be no problem since the LPH, in its article 13.2 provides that “2. “The President will be appointed, among the owners, through choice or, subsidiarily, by rotating or draw”. I.e. that you can choose the President, if someone presents is voluntary. Turn or sweepstakes are for when nobody wants to present themselves voluntarily to the charge.
If there is a neighbour that is filed as a volunteer, parents may also request the relief at the expense of what decide a judge, since that article provides for such a possibility. So, sets that “appointment shall be compulsory, designated owner may ask their relief the judge within one month after your access to the fee, invoking the reasons that assist you to do this. The judge, through the procedure laid down in article 17.7. ª, will solve plane coming, designating the resolution to the owner who had to be replaced, where appropriate, the President in office until it is appropriate to new designation at the time that It is determined in the judgment”. However, as a legal matter, we understand that this should be the last option, given the offer made by a neighbour in their community.