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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 76. Questions and answers on Community of Owners. Part 3.
Tuesday, April 28, 2009 @ 8:29 AM

19.Can I turn my apartment into two? Yes, you can. Flats can be divided and joined, the consent of affected parties and of the Community of Owners by unanimity is needed. 

20.Am I fully free to keep my house dirty or un-maintained? No…. you are not, for the common good of the neighbours. If smells, leaks, noises … cause damage to your neighbours, you will have the obligation to compensate them.
 
21.Should I bear every work agreed by the Community? Of course, you have, even if they limit your ownership rights if they are for the creation of common services of general interests (access to handicapped people, additional elevators for stairs stretches, anti-fire devices….)
 
22.What if I want my Community mail to be sent to the UK? You cannot receive your community mail in the UK. You need to choose an address in Spain. Your Spanish lawyers´ address may be a good idea as he/she will be ready to oppose anything found illegal in the mail right away! Some foreigners suffer the decline of their rights just because they did not receive a communication or a lawsuit. Some plaintiffs take advantage of this to win judicial cases!
 
23.Can I communicate the mail address by telephone? No, you need to use a mean which leaves proof of reception: a registered fax or letter most advisably.
 
24.I have not communicated any special address in Spain. Where is the secretary sending the communications? In defect of any specific mail address, the secretary sends the letters to your apartment located in that Community and if not possible there, he/she places a post in the news board of the building!
 
Maria L. de Castro
 
Zahara de la Sierra, Cadiz white village, by Roberto Pecino at Flickr.com
 
 


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3 Comments


rapp said:
Tuesday, April 28, 2009 @ 7:36 PM

!0 of us bought new 3-4 bedroom houses at Pueblo Blanco Iznajar

When these were snagged by our Chartered Civil Enginneer it was stated the the hot water tank (50 lts.) was of an insuffieint size for our houses. The Developer stated that in practise if they proved insuffient he would change them for larger tanks. No more than 2 people can take a shower in the morning. He is now saying he supplied what the Architect specified and he will not change them.

What can we do, in the UK things sold have to be fit for purpose by law, is the the case in Spain?


Maria said:
Wednesday, April 29, 2009 @ 7:37 AM

Dear Rapp:
I have already answered the private message that you sent to me.
Best regards,
Maria L. de Castro


abbbb1 said:
Thursday, April 30, 2009 @ 9:59 PM

I am having difficulty in getting a reply from the community administrator. I have written to him in both English and in Spanish. The query is about lack of communication from him regarding the AGM, which has now passed. The agreement is that all the proxy voting papers should be sent to home address in the case of a non-resident - to his address in the country in which he lives. I thought that I had got this problem sorted last year, but more problems this year!! Is there a higher authority that I can go to? of what is the best way to sort this out?


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