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Consultas

Ask the Administrator: obliged to move due community repairs

Good morning.  My community will carry out some repairs which include to remove the flooring on the corridor of my house.  For that, we will need to move into another property eventually.  I know that I am obliged to permit the works are done, but can I request a compensation?

Sebastian K.

Administrator:  Juan López

To answer to your question we take as reference art9.1 c) LPH, saying that the owner is obliged to permit any work that the community need to do in his property and also the access to the property allowing any action that has to be taken during the solution of the issue.

The owner will have the right of being compensated by the community for the inconveniences or damages caused.  Also, the Civil Code art 1902 states that any person who cause any damage to a third party, due to action is obliged to repair the damage.

“who causes damages to others, proactively or due lack of actions, shall repair the damage”.  In virtue of this art., the co-owner obliged to move due communal works shall be compensated.  Should the community refuse, do claim that decision as it is in the law the right for the affected owner

la obra se está retrasando

Ask the Administrator: The works are getting delayed

Mi community, in Murcia, has hired the services of a builder for the restoration of the fachades.  The works are getting delayed but there is nothing on the contract about the timelines.  Can we request a completion date now? 

Pascual M.

Administrator:  Agustin Pascual de Riquelme

I am sorry to say that you can require a completion date only if it is in the contract. Firstly, as you explained, this was not specified. However, the community wants a date of completion, so you will need to make, a new document signed by both parties, showing that time scale

Usually, the community of owners focus on silly matters when initiating a tender.  However, when you have hired legal advice for the contract you will avoid some incidences that can hardly been amended.  If your community is not managed by an administration with lawyers as part of the team, you should have consider to pay more for the work by hiring legal advice.  Secondly, do not forget that the outcome and finishing of the works will not be the same and last with same guarantees if the works are done quickly or altering the specifications.   To contract a professional who will be monitoring the quality of the works is always worthy.

consultanos

ASk the Administrator: Waterproof the roof

Good afternoon.  After a period of rains, we found that the top terrace of our block needs some repairs.  However, we are not sure of who is the responsible as the terrace is used by one neighbour but it belongs to the community. 

Hans S.

Administrator:  Juan López

Good afternoon.  First of all, it is not the same the top terrace and a common area to be isolated such as the roof.  The top terraces can be used exclusively by one owner because they are considered as common elements of destiny.

In addition, the roofs where the community equipment are located, air con units, etc, will not be used privately by the owners.  These areas are common elements of use and service.  So, this is the reason why the top terrace cannot be used as private terrace by one neighbour.

Therefore, while the damages  are caused due to the poor condition of the membrane (and no terraces), which ensures waterproofing of building, and it is located under the floor of the terrace that serves as the roof of the building, this determines its common nature.  This means one of the essential elements of the community of owners , so the repair constitutes an obligation of the community.

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