I am president of the community. I have sold my apartment and presented my resignation from the position, warning the community that they should appoint a new one; but they are not responding.
What I can do?
J.de La Rosa
Administrador: Juan López
Good afternoon, first of all we hope that you are keeping well. The Article 13 Law of the Horizontal Property Law is very clear in this regard: the condition of president of the community is indissoluble from the fact of owning a property i that community.
If you have ceased to be an owner, as you indicate, you also cease to be president. And what you have to do is what you have already done, communicate it to the administrator. If there is a Vice President in the Community, he should assume his office until the next general meeting in which a new one is elected. If there is not, the administrator should convene an extraordinary general meeting as soon as possible to elect a new president.
It is evident that in the current situation with the Alarm State and its successive extensions, it is not possible to convene a general meeting at this time, since unfortunately legislative reforms have not yet been enabled to make them possible. Therefor, except to record in a reliable way, that is by burofax, or any other document that proves the reception by the administrator secretary, in which it shows that with that date you stopped owning the home, which is why you has ceased to hold any position in such community
We do not believe that you need to do any other paperwork, such as a notarial or judicial requirement, since the position is lost the moment you cease to be the owner. But we insist to avoid future inconveniences, that you better do it reliably.
Thank you very much and we hope the above is helpful.
What is the right way to go when owners are very late with payment of the fees.Some are more then 6 months late.One is more one year late.
How do we continue according to the law?
Administrator: Juan López
Thanks for contacting us. This is truely one of the biggest problems of the communities of owners. The only legal way to fight against these problems is the one established in the LPH article 21 Although before going to court you must make prior claims, via phone calls, mail, burofax, etc … The community may establish an interest to delay for late payment of the fee, which can never be a abusive interest There are other means for collection such as the prohibition of the use of non-essential common elements, such as a swimming pool or sports court, to debtor owners. But this must be included in the Statutes of the community Regards Section 21 1. The obligations paragraphs 9.e) and 9.f) refer to shall be fulfilled by the unit owner in the time and form determined by the general meeting.
Otherwise, the president or the administrator, if so agreed by the general meeting, may seek judicial redress through order-for payment proceedings.
- Recourse to order-for-payment proceedings shall require prior certification of the general meeting’s resolution to claim assessments due to the community of property owners, issued by its secretary and endorsed by the president, providing said resolution was notified to the unit owners concerned in the form provided for in section 9.
- Sums arising from expenses incurred in claiming payment prior to court action may be added to the sum claimed by virtue of the provisions of the preceding subsection, provided there is documentary evidence of the previous claim and that proper receipts for said expenses are attached to the application.
- Where the previous unit owner must answer jointly and severally for the outstanding debt, and notwithstanding the right to claim reimbursement from the current unit owner, action may initially be brought against the former. The action may also be brought against the titleholder appearing on the Register, who shall be entitled to the aforesaid right. In all these cases, the initial claim may be filed [severally] against any of the parties to the obligation or jointly against all of them.
- Where the debtor opposes the initial claim provided for in the order-for-payment proceedings, the plaintiff may request a general lien of attachment on such debtor’s assets as deemed sufficient to cover the amount claimed plus interest plus costs. The judge shall decree a general lien without asking the creditor to post bond or bail. The debtor may enervate the lien by providing a bank guarantee for the amount for which the general lien was decreed.
Hello Good evening. My question is: I live in a community of 6 properties, 3 groundfloors and 3 upstairs; and I need advice about the percentage of voting that I need to put solar panels for myself, that is, only for my apartment. We have two community roofs because the building is on a slope. Thank you
Administrator: Juan López
Dear Jose Ramón, thank you for your enquiry. The Horizontal Propiertors Law states the following:
The agreements made by the Owners will meet the following rules:
The installation of common infrastructures for access to telecommunication services regulated in Royal Decree-Law 1/1998, of February 27, on common infrastructures in buildings for access to telecommunication services, or the adaptation of existing, as well as the installation of common or proprietary systems, for the use of renewable energies, or of the necessary infrastructure to access new collective energy supplies, may be agreed upon, at the request of any owner, by a third of the members of the community that represent, in turn, one third of the participation fees.
The community may not pass on the cost of the installation or adaptation of said common infrastructures, nor those derived from their conservation and subsequent maintenance, on those owners who have not expressly voted on the Board in favor of the agreement. However, if they subsequently request access to telecommunications services or energy supplies, and this requires taking advantage of new infrastructure or adaptations made in pre-existing ones, they may be authorized provided they pay the corresponding amount, duly updated, by applying the corresponding legal interest.
Notwithstanding the provisions of the preceding paragraph regarding conservation and maintenance expenses, the new installed infrastructure will be considered, for the purposes established in this Law, a common element.
We hope the above solve your questions
We remain at your dispossal