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?
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.
Good afternoon. After a period of rains, we found that the top terrace of our block needs some repairs. However, we are not sure of who is the responsible as the terrace is used by one neighbour but it belongs to the community.
Administrator: Juan López
Good afternoon. First of all, it is not the same the top terrace and a common area to be isolated such as the roof. The top terraces can be used exclusively by one owner because they are considered as common elements of destiny.
In addition, the roofs where the community equipment are located, air con units, etc, will not be used privately by the owners. These areas are common elements of use and service. So, this is the reason why the top terrace cannot be used as private terrace by one neighbour.
Therefore, while the damages are caused due to the poor condition of the membrane (and no terraces), which ensures waterproofing of building, and it is located under the floor of the terrace that serves as the roof of the building, this determines its common nature. This means one of the essential elements of the community of owners , so the repair constitutes an obligation of the community.
In my community, we have the playground next to the swimmingpool. There is a fence closing the pool area. In September, the neighbors observed that for some reason, a section of fence was broken, and warned the President to solve it before a child aceed without adult supervision to the pool area, and could occur any tragedy. It was three months ago, and the fence remains the same. What can we do?
Administrator; Agustín Pascual de Riquelme
It is a priority, in the situation, now to repair the fence immediately. It is true that the President, understanding that there is no administrator and therefore only they can turn to this first, it is responsible for the maintenance of the estate and in case of accident, you could require responsabilities to him. The first thing is to avoid misfortune and any neighbor can, temporarily, close the gap. Then they should look for definitive repair budgets while send a letter to the President urging him to manage the incidence. Depending on the cost and of the Community budget, the rest of steps can be solved with agility.