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Foro: Pregunta al Administrador de Fincas

Ask the Administrator: Who is the responsible when there are filtrations from the terraze?

Hello

One of the neighbours has a leak in his private terrace.  When raining he has water coming in in his appartment.  I am right under him and I also suffer from this problem coming from his terrace.

Who has to fix this : the community or the owner of the private terrace.

Thank you

J.J

Administrador:  Juan López

If the issue is regarding lack of maintenance of the terrace, such as regrouting, the membrane was punched  installing an awning, etc the repair is responsibility of the owner.   However, If the issue has to do with structural damages, deterioration of the junction joins or lack of membrane, then this is up to the community.

Ask the Administrator: How big does the majority has to be?

Hi,

how big does the majority has to be when in the owners meeting is voted for extra budget for repairing .

How big does the majority has to be when in the owners meeting is voted for extra budget to take the builder and the architect to court.

Looking forward for your answer.

JJ.

Administrator:  Juan López

Good afternoon

As we would need more details about the works to be done, the answer to your first question is as follows:

Except for: needs for habitability, safety, etc.. or elimination of barriers for disable people or new telecom. services;  other works shall have 3/5 of votes which shall mean 3/5 of coefficients.  If the fee is more than three monthly fees, the owners are not obliged, but they can choose not to have right to use the improvement.

However, to take the builder and architect to the ocurts, you will need simple majority

Kind regards

comunidad de vecinos

Ask the Administrator: Contribution of a commercial site to the building fees

Hi, I have a site in a community with no access to the building.  When I bought it, I was informed that I hadn´t to pay community fees.  In the last meeting,  they told me that the comercial sit eha snot participated for 40 years, except when the fachade was restorated, then I paid as this is reasonable.  My question is if I am now obliged to pay .  The community states that I shall contribute otherwise, I will have to pay retroactively for previous years

Thanks in advance.  Regards

E. Román

Administrator:  Juan López

The law is very clear regarding your obligations in the community as an owner.

Art.9 e) To contribute with the general expenditures for the acuarte maintenance of the building, services, charges and responsibilities, accordingly to the quotes stated in the deed or specifically agreed, always that those are not individuals.

Therefor,  our understanding is that you are obliged to pay:

The fee agreed in the Meeting, approved with the Budget and according with your coefficient.

  • For instance, should you not have access to the building, you are not paying the maintenance costs such us cleaning, lifts, electricity, etc…
  • However, it is obvious that you will pay other Budget expenditures such us Insurance, Legal Fund, or as you said, general repairs, main drain piping, pillars, fachade, terraces, etc…

With regards to the second question, if they are claiming previous years, you need to check the minutes of those years and confirm if there is a quote or not, if you were notified, or not.  Accordingly with the modification of the Civil Code 2015, you could be claimed for the last 5 years, in general terms.

The 1964 article of the Civil Code reform, made by law 42/2015, 5 October, has introduced a very important modification concerning the general period of limitation of actions (monetary claims) personal, reducing it for 15 years, which is It established previously, to 5 years.

We insist, this is a general issue.  Finally, the lack of access to the building is not exonerating you of contributing but always according to your quote and the items that you are obliged to participate.

Thank you.  We remain at your disposal.

Kind regards

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