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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 694. Re-edited answers for community of owners 5
Wednesday, February 1, 2012 @ 8:36 AM

 29.The lift is broken… who should I call? You need to notify it to your President (he might have to call the Property Manager) as the Community of Owners (CO) is obliged to make all the required reparations to keep services in good use.

 
30.What about a crack in the pool? Or in the commun front wall? Of course they are also obligations of the Community of Owners, which need to have insurance for these reparations. If the building defects appear within the first 10 years there is an Insurance that the developer needs to hire and maintain.
 
31.Is it the so called seguro decenal? Yes, correct! It is called that way because it covers building defect during ten (decena) years.
 
32.Some parts of the façade of my building are falling and no one takes action… what should I do?
You need to communicate it to the President for the Community to take measures as, the Community will be liable for any damage or injure caused. That is why a good Insurance for the community of owners needs to include civil liability coverage.
 
33.Can I ask for a change of look of the façade?  It is in a great condition of conservation but…..it is so old fashioned!
No owner can demand new installations, services or improvements in the building which are not necessary for the needed conservation, habitability and safety of the building.
 
34.I would need a video entry phone for the building. Am I entitled to ask the community to place and pay for it?
If you are deaf or think there are clear safety reasons which require it, of course you can and the Community needs to pay for the installation.
 
35.The members of the community of owners have decided to install a hot tube and some gym equipments in the garden, which will entail to pay a double community fee. I opposed to that I the Community of Owners. Can I omit  the payment as I do not need such extra things!! 
 I am afraid you will have to pay for them, as just if the fee was three times the amount of an ordinary quota you can exclude yourself to pay it if you did not agree with the unnecessary improvements.
 
36.We have placed electronic devices to open the common main doors  with the TV remote control, my neighbour opposed the installation and now is benefiting for the service because it is also reached by his T and we cannot deprive him from it…. what a nerve!  Can we ask him to pay?
If the fees for that installation was more than three times a regular fee, and he opposed the installation in a community meeting, you cannot oblige him to pay.
If the deprivement of use of an extraordinary, non-necessary improvement is possible (hot tubes, gym machines…) and later on, the dissident neighbour wants to take advantage of the improvements, he will have to pay his instalment on the expenses related to the installation and maintenance, duly updated, applying the corresponding legal interest.
 

Plaza de España de Medina Sidonia

"Plaza de España de Medina Sidonia", by elarequi61, at flickr.com



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