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Foro: Pregunta al Administrador de Fincas

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

 

mileniun levante

Ask the Administrator: Noise from the pool

Good morning. I am writing because I am owner of a flat in a residential of Murcia which has a communal swimming pool.  Before the wave of heat that we had this summer ( quite common in this area and at this season) the use of the pool by residents has risen very high fashion, with the consequent increase of the noise.  Specifically, the pool is open from 09:30 hours until 00: 00 hours, uninterrupted.  My House is totally exterior and overlooks the pool area, so you can imagine the damage for relax and development of our common life.  I’m considering to have air conditioning installed (in order to be able to live with the windows closed) but I’d like to know if I can blame that investment to the community of owners since it is due to a problem generated by the noise in the pool.

Loren B.

Administrator:  Juan López

Good morning.  First of all we have to say that the community of owners, despite the noises in the pool, does not have why deal with investment that you intend to perform, because it would be a facility for individual enjoyment and therefore would be you who should afford the costs.

 

However, we must be clear that “the rights of one end where begin the rights of the other”, by that, faced with the problem that takes us back, we advise established minimum standards of coexistence and obligatory for all.  The community has the power to do this through what is known as regulation of internal regime, whose drafting and approval corresponds to the Board of owners and is approved by a simple majority of the attendees.  If you do not have that regulation, I suggest you to request the President of his community which include the point on the agenda of the next meeting measures to take to minimize noise in the pool in hours of rest and prepare a draft to this effect.

 

Once approved, any owner who fails to comply with the rules will be warned by the President, and they may even take legal action in case of repeated non-compliance.

 

Notwithstanding this, we recommend check your local municipal regulations, as surely it establishes sound limits depending on the time zone, and we believe to be sure that 00: 00 will be a schedule with special protection, so if the levels noise are very high, you would request the police presence to carry out appropriate measurements and they can put an end to the arisen problem.

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