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Foro: Pregunta al Administrador de Fincas

Ask your Administrator: voting that I need to put solar panels

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

J.R.

 

Administrator:  Juan López

 

Dear Jose Ramón, thank you for your enquiry.  The Horizontal Propiertors Law states the following:

Art. 17

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

 

Kind regards

ASK THE ADMINISTRATOR: Why insurance do we need in our community?

Why insurance do we need in our community?

Hi, we live in a community of 11 detached houses.  Every house has its own dwelling.

Also, there are common gardens, swimmingpool. paddel and tennis pitchies.

Recently, I was appointed as president and I am not very sure if we are obliged to contract an insurance for the community, providing future accidents could happen in the common areas.

Thank you for your advice

A. Marconi

Administrator: Juan López

Thank you for your question.

It is nothingin the HorizontalPropiertors Law.  However, there are two Autonmus Communities (Regions) in Spain, whose local goverment implemented specfic laws about insurences in communities:

  • In Madrid, it is in art.24 of the Law Madrid 2/1999,  17th of march, as part of the Chapter treating about Stipulations for the Buildings.  The law states that every building shall be ensured for Fire and Public Liability;  otherwise, there will be serious legal consequences.

With regards to your case, although the Horizontal Propiertors Law is not obliging, but it is ruled by Madrid Gov. and the community shall at least have a FIre and PL insurance

The houses will probably have their own insurances, including F& PL.

Therefore, we recommend you to take at least, a Fire and PL insurance for the common areas and depending on the urbaniuzation, you can also consider to include the equipments and have them covered.

Kind regrads

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.

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