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Professional Advice

Ask the Administrator: He covered the penthouse with wood

Good morning. I am writing because I am President of a community in the town of Torrevieja and emerged me a question about a work made by one of the neighbours in his penthouse.  So this man, claiming he suffered from damp in one wall facing the main facade of the building, has covered all the storage of wood and requires the community to pay the amount of the work, when it has not been treated on board. In addition, with the completion of the work, has changed the aesthetics of the building, as it is the only storage room with wood (the rest are concrete). But I guess that will have to pay him the owner in question, before giving a wrong answer’d me to confirm if the community should pay the work and if we cannot force the owner to remove wood panels by harming the aesthetics of the building.

Laura Mc.

Administrator:  Juan López

Good morning. Tell him that you are right, and we thank you greatly to contact us so that we advise you in order to give an adequate answer to one of your neighbours. Thus, being a work that an owner has carried out at your own risk, without requesting any type of authorization to the community, this has no obligation to pay any amount. What should have made its neighbour is to transfer the problem that had been suffering from the Board, so that an expert valued whether or not the problem is community and, in that case, that community would have been able to vote and decide how to repair that it deems most appropriate and good for the same.

Concerning the wood panels, if they are placed on the outside of the storage room and you are modifying the facade of the building, the community may require that you remove them and leave everything as it was, because for this you need the approval of the 3/5 parts of neighbours  and participation fees. In this case, perhaps the timing of doing things as the law. For this reason we advise you, you as President, to talk to the neighbour urging him to remove the wood panels and moving him its firm commitment to bring the matter to the next meeting and perform the steps as discussed above

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