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Professional Advice

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

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