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Ask the Administrator: obliged to move due community repairs

Good morning.  My community will carry out some repairs which include to remove the flooring on the corridor of my house.  For that, we will need to move into another property eventually.  I know that I am obliged to permit the works are done, but can I request a compensation?

Sebastian K.

Administrator:  Juan López

To answer to your question we take as reference art9.1 c) LPH, saying that the owner is obliged to permit any work that the community need to do in his property and also the access to the property allowing any action that has to be taken during the solution of the issue.

The owner will have the right of being compensated by the community for the inconveniences or damages caused.  Also, the Civil Code art 1902 states that any person who cause any damage to a third party, due to action is obliged to repair the damage.

“who causes damages to others, proactively or due lack of actions, shall repair the damage”.  In virtue of this art., the co-owner obliged to move due communal works shall be compensated.  Should the community refuse, do claim that decision as it is in the law the right for the affected owner

Ask the Administrator: The bill and the quote shall be same figure

Hello.  The bill and the quote shall be same figure.  I am the president of my community.  A while ago, the community contracted a plumber to repair a problem that should be paid by the community.  The quote given by the plumber was 150€ and the work was authorized.  Now, when we were to pay the bill, the worker says that the cost is 50% more expensive because they did not see another break when they gave the estimation.  Is the community obliged to pay that extra amount of money?

Paola J.

Administrator:  Agustín Pascual de Riquelme

Good morning.  Yes, the bill and the quote shall be the same figure.  It is in art.  3.4 y 4.2.2 of Decret 35/1995, 20th of April, regulating the activity of services in the housing, the bills must be the same that the quotation.  So, if when the plumber was doing the job, he found another issue, he should have informed you bringing the estimation of the new repair and waiting for the authorization first.  If he had received the written seal of approval, he could now claim the total amount.  However, as it was not informed  he cannot claim for that money as it is not in the agreement.

la obra se está retrasando

Ask the Administrator: The works are getting delayed

Mi community, in Murcia, has hired the services of a builder for the restoration of the fachades.  The works are getting delayed but there is nothing on the contract about the timelines.  Can we request a completion date now? 

Pascual M.

Administrator:  Agustin Pascual de Riquelme

I am sorry to say that you can require a completion date only if it is in the contract. Firstly, as you explained, this was not specified. However, the community wants a date of completion, so you will need to make, a new document signed by both parties, showing that time scale

Usually, the community of owners focus on silly matters when initiating a tender.  However, when you have hired legal advice for the contract you will avoid some incidences that can hardly been amended.  If your community is not managed by an administration with lawyers as part of the team, you should have consider to pay more for the work by hiring legal advice.  Secondly, do not forget that the outcome and finishing of the works will not be the same and last with same guarantees if the works are done quickly or altering the specifications.   To contract a professional who will be monitoring the quality of the works is always worthy.