I have been convicted to remove the enclosing. Please advice. I own an apartment with a solarium for my exclusive use, in a building where only the first floors are occupied. The owners can access to the communal terraze which got independent access. Due to this circumstances, I closed my terraze. Then my neighbours demanded me and now I am convicted to remove it. I am thinking on appealing as I am not affeting to any neighbour. What do you recommend?
Administrator: Juan López
We should read thoroughly the sentence where you are convicted to remove the enclosing.
In a first look I do not see a good case for you
Notice that although the terraze can be used exclusively by you, you are livingin a community set up in Horizontal Property.
The co-owners are entitled to not allow the others to alter the aesthetics of the building. This is one of the rights and prohibitions of the Horizontal Proprietors Ruling.
I am the current President of the community where I live. We recently had a break in the main pipe. The administrator acted unilaterally and he did not reported nor asked for authorization to the community. He just ordered the repairs to a contractor that he knows instead of reporting it to the insurance. When everything was sorted, the insurance paid for the works accordingly to the estimation issued by the assesor. The bill was higher than the refunds so the community paid the difference without previous authorization. What can we do?
Luis Alfonso M.
Administrator: Agustín Pascual del Riquelme
Good morning. As you suggests, the administrator did not act correctly. It is not because he acted unilaterally. But he should have informed to the president. He did right to call to an urgent repairer if the issue was afecting to the use of the properties.. However, as administartor, he should have reported theproblem and keep the president updated. You cannot claim for that now. But my recomendation for furthers issues are not dealt in this way is:
Firstly, remind to the administrator that he must keep the community informed about any exopenditure. For emergencies, the adminsitartor is entitled to act without authorization. But he shall inform about it.
Secondly, investigate why the contractor did the whole work. He did not just repair the break in the pipe. Once the origine of the problem is fixed, the insurance company cold have carried out the rest. Certainly, to leave the works to the insurance may take a little longer than having them done entirely by the first contractor. But this is a decission that the community will make. The main problem was sorted so it was just aesthetic finishing perhaps.
The President of my community and her husband who is the Real Estate manager, are owners of one of the properties. At the AGMs, they use two votes but they represent one property. Is this right?
Administrator: Juan López
Well, this is atypical and could cause conflicts. When one property is owned by two different proprietors, only one of them will be president or representative. To be a president you need to be owner. To be administrator, you just need to be elected by the community. If the community did that election, this is legal. No problem. However, each property got one vote, as it is in art. 15.1. So, in the minutes, only one of the two owners of the apartment will be recorded.