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Foro Seguro Comunidad

Pregunta al Administrador: Si vendo mi casa ¿debo seguir como Presidente?

Am I obliged to continue as President after having sold my property?

 Kevin G.

Administrator:  Juan López        

The position of President has to be represented by one of the owners of the community, so if you stop being owner after the sale of your home, it makes no sense to continue in the position of President. In this case, it will be the Vice President, if so, which perform the functions of the President until nomination of the new President, which will be carried out by means of extraordinary meeting of the Board with the agenda “electing a new President”.

If the new election is not made in the Assembly, I advise you to go to the courts to request the removal from office by the circumstances of the sale, accompanying the minutes of the Board held.

Pregunte al Administrador: Camara sin autorización

Last February the President of my community installed a camera recording images in the main door as a measure of security of the building, but it was carried out without any consultation or authorization from the rest of inhabitants, is this facility legal?

Brigg H.

Administrador: Juan López

This installation has been done against the Horizontal property law, because for the installation of video cameras surveillance  the authorization and consent of the community is essential, they need the vote of three-fifths of the total number of owners, which in turn represent three-fifths of the participation fees for its establishment

Moreover must be taken into account as provided for by the organic law of protection of data the Personal nature by requiring the consent of the affected to treat their personal data, which has not been respected

Therefore, it would be appropriate to convene a meeting where you all decide on that facility and in the case that a favorable outcome is obtained the President will be notified of the timeline to remove the Chamber, warning that not doing so the community will initiate the relevant legal actions.

Pregunte al Administrador: Inversiones innecesarias

In my community there are several neighbors who want to change the gate of the block for a more modern one, however I think that it is an unnecessary expense and that I can not afford due to my economic situation. If this change is finally agreed, do I have to pay for it?

Raul M.

As you expose, the change of the main door of the building for anothe other more modern is an improvement that is not needed for the adaptation, habitability and safety of the building, In that case, if the amount per property exceeds the amount of three regular monthly payments of community fees, then, you are not obliged to pay for it and you will have right to use the gate.

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