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Ask the Administrator: The scaffolding will cover my window

Good morning. I am writing because I have a commercial site in a building in the North of Murcia, where I have settled my business (a furniture store).  A scaffold is being put to restore the facade. The scaffolding will cover my window and the advertising sign, as it will hinder the entry of potential customers to it, so that’s going to hinder a lot customer acquisition.  They tell me that works may last up to the end of the summer, for what I do not want or think the losses which may result to my business. Therefore, I’d like to know if I have the right to oppose to the realization of the above works or if I can take legal action.

Luis Andrés M.

Administrator:  Agustín Pascual del Riquelme

Good morning. We understand your concern, but we understand that the restoration that you mention will be something positive for the Community (including the commercial low). Given that such work requires Board approval, it is normal that this work is authorised by the majority of residents.  Therefore, if to carry out it is necessary to install the scaffold, we must say that the community has every right to place it (even if it harms some of the neighbours, as for example you).  As for your question, you, by law (LPH, art. 9.1. c), is obliged to allow repair.

 

However, this article includes the possibility that those workers affected by the works are entitled receive a compensation for the damages (e.g. reduction of income).  In your specific case, as the scaffolding only prevents you from visibility and access, but will not have to close your business, we recommend try to reach a friendly agreement with the community, for example, requesting that they placed a provisional and visible sign for the whole world. In case that the community opposes and you may suffer losses in your business that relate to the work that is running, you can contact a lawyer to initiate civil actions.

Mileniun Levante

Ask the Administrator: The law provides to be computed as favourable votes of those absent owners, properly summoned

Good afternoon.  Is ok to record as favourable vote those of absent owners?  My next door´s neighbour, and I could not attend the last meeting where agreed decisions needing unanimous vote.  But, it is possible to reach unanimity for the adoption of an agreement without being attending the 100% of the owners?

Azahara M.

Administrator:  Juan López

It is normal to think that if not all owners are attending  to vote for or against an agreement, there can be no unanimity, but it is not how it works.  You must bear in mind what is in the law about this which provides that a landlord can assist through legal representative sufficing to do so a writing signed by the owner, and on the other hand the law provides to be computed as favourable votes of those absent owners, properly summoned, who once informed of the agreement adopted on board, do not manifest their disagreement within the period of 30 calendar days.. Perhaps you are in the latter case, to not have said anything about of the agreement adopted on board, has been computed as favourable reached by the majority, reaching the unanimity

Ask the Administrator: Risk of detachment

Hello. My community is against changing the facade plates while a technician advised us to proceed with the change due to being in risk of detachment.  Shall I do place on record my dissatisfaction and refuse to pay any compensation that might require should occur sometime this detachment?

Paola J.

Administrator:  Agustín Pascual del Riquelme

Yes, you can register their discontent, but this is not ensuring that in case of detachment you will be exempt from responsibility in case of accident.  I advise that if agreed not to proceed with the change , you contest  judicial agreement, because we must also take into account that it is an obligation of the community to perform the works required for the proper maintenance and conservation of the property and its services to ensure their structural conditions, habitability and safety.  Another option is to go to your town hall to denounce this situation, which will make the community be forced to make the change.