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Professional Advice

MILENIUN LEVANTE

Ask the Administrator: Main Drains

Good morning. I am writing because I am owner of a parking place in a building of Murcia in which I have been suffering a problem for a long time and I would like to put solution, since the downspouts of the building do not have sufficient evacuation capacity and when occur heavy rains cause flooding in the same. To fix it you have asked different budgets to specialized companies, but the manager tells us that repair corresponds only to the owners we have garage (not all have it) to be us who We have been suffering the mentioned problem. I’d like to know if the Manager is right, because what I have understood the downspouts are community and, therefore, it should be something that the community as a whole front.

 Laura R.

Administrator:  Juan López

Good morning. We appreciate that you get in touch with us because we think it is a very interesting topic and we believe that we can help you to answer your questions. From our point of view, we understand that the administrator is committing a serious error and is placing them in a situation of vulnerability and disadvantage compared to other owners who must not allow. The problem directly affects landowners that have a garage does not imply, firstly that the responsibility is solely yours and, secondly, that that flood may not affect the structure of the building and, therefore, than the rest neighbors in the long run will also be affected.

En su virtud, como usted bien dice, tanto las bajantes como el garaje es un elemento común y, por tanto, ha de ser la Comunidad en su conjunto quien proceda a la reparación de las bajantes. De hecho, el artículo 10 de la LPH considera que se trata de una obra de reparación obligatoria y que simplemente para hacerse necesitan un requerimiento, bien de la administración, bien de cualquiera de los propietarios.

 

So

  • In the first place advise den transfer of incidence to the safety of the community, since it is possible that they have covered this incident and it can save make any income.
  • Secondly, in the event that the insurance does not cover loss, forward a burofax to the President requesting repair. In the event that they refuse to do so, contact a lawyer.
mileniun levante

Ask the Administrator: Notice Board

Good afternoon. I am writing because since the last Board of proprietors, which was held in my community of owners (I live in Torrevieja), it was decided to place a bulletin board to receive information concerning the management and the daily life of the building.  The problem is that that noticeboard has a framework with key, which only have the President and administrator and, therefore, the neighbours can put any information without that before it passes the filter by the people who do have it.  I wonder if both the President and the administrator have the right not to provide a copy of the key to the rest of inhabitants.

Visctoria M.

Administrator:  Agustín Pascual del Riquelme

Good afternoon. Doubts posed by us we must tell you that the noticeboard is considered a common element, and as such, the community can decide the use that is given to it. If in principle only the Chairman and Manager, have we understand it’s because thus decided in its day, but if you want to have key and modify operation, propose it at the next meeting (indicate the President to include it in the agenda) and to vote

 

However, we believe that the operation of the noticeboard that have established in their community is appropriate, the LPH (in its article 9 paragraph h) considered it as a means to make notifications to owners in the event of power performed by the normal means and those communications, normally should be performed well by the President well by the administrator. Otherwise, neighbours could give a misuse, hanging, for example, personal information of other / neighbour/s

pregunta al administrador

Ask the administrator: Air cond. exterior unit

Good morning. I am writing because we have just purchased a ground floor house in a building of Murcia, in which I want to install an air conditioning unit but I do not have no place where to place the compressor, so I need to know if I can put it in the facade of the building and what formalities shall I follow to obtain authorization from the owners.

Carlos H. R.

Administrator:  Agustín Pascual del Riquelme

Good morning. As you said, given the conditions that you explain, the first thing to do is obtaining the authorization of the owners, since if it is to locate compressor in the facade of the building, would be considered that it is altering the aesthetics of the same and for this purpose It would require the favourable vote of the 3/5 parts of neighbours and relevant participation fees (unless expressly prohibited by the statutes, in which case should modify them and that unanimity would be required).

To do this, you need an extraordinary meeting to be convened, so we recommend you to talk with the President exposing the situation so that this point is included in the agenda.  We understand that you won’t have any problem, but in the case that is refused, may try to convene it by yourself, for which you need the support of 25% of owners or participation fees.  When it comes to the vote, it would be useful to know if there are other compressors in the façade, because it will provide you with enough get a favourable outcome

 

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