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Pregunta al Administrador de Fincas: Si no puedo hacer uso de la piscina, ¿tengo alguna obligación de pago?

Good afternoon. I am owner of a parking place and once when I bought it the manager told me that I could not make use of the common areas of the building as the playground, landscaped garden, swimming pool… However, an income has recently been approved to do some works in the pool and I am included as if had obligation to pay. If I cannot make use of the pool, do I have any obligation to pay?

Victoria F.

Administrator:  Juan López

By exposing, it seems normal that the fact of acquiring a parking place not of right to use gardens, swimming pool and other common area being that right to property owners. But it should be in horizontal division writing and/or statutes. In the same way, should also include how costs are shared.

Still advance you that in communities where there are independent housing parking places the most common is separate them into two sub-communities, under a Commonwealth. There will be expenses that are charged to the Commonwealth (general expenses of the building that not can be attributed to a sub-community, as those who can generate the facade, housing, administration, insurance, etc.) and that can wean Iran carried out by every sub-community.

Why dicha such spill, if it is an expense that comes exclusively generated by the pool (which you does not participate in their maintenance or common charges), it has no sense that has to pay for its repair.

Pregunta al administrador de Fincas: Teniendo mi propia póliza entiendo que quedaría desvinculado del seguro de la Comunidad

I am owner of a shop that I have subscribed a trade insurance. Now my community wants to pay proportionately the insurance community, having my own policy however, I understand that it would split the community insurance, can I ask to be excluded from the community insurance?

Alvaro G.

Administrator:  Juan López

You should know that the local and the community insurance coverages are different and you like the rest of the neighbors has an obligation to contribute to all Community expenditure unless it is exempted in the title establishing or in the statutes, by application of article 9 LPLH by which all homeowners, housing or local they are required to contribute to the common expenses in relation to their percentage of quota. So not to create writing that exemption, it could only be exempt if residents unanimously they should remember it as well.

 

On this basis, all owners of the building including the commercial low have a responsibility to pay the insurance for the community because it is a law of civil liability and insurance cover incidents and problems if you have for example, a fire in the building.

Pregunta al Administrador de Fincas: Dicen que este local no tiene derecho a tener sus contadores en el portal de forma individual

I am President of a community in which there is an owner of a commercial site that is not included in the community of the ladder because it comes from the street. In the building there are many residents who say that this place is not entitled to have their accountants website individually and separated from the rest and would like to know if this is true.

Rosa Lorena W.

Administrator:  Juan López

It would be necessary to consult the writing of horizontal split or constitutive title of the community to see that it says on the subject, but most commonly, (except express prohibition) is that of light and water counters must be all located in the same site and is usually done in the construction of the building by both this owner should not lead them to another place in establishing title also will reflect, so it can be that this change is not actually justified and is against the rules