Community Deeds
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It seems that individual apartment deeds do not match those at the registry - our builder originally planned to do underbuilds and registered deeds to this effect. However, he then changed his mind and made the section under the apartments into garage spaces instead and didn't change the deeds.
It seems that every owner on the ground floor is paying for an underbuild and a garage space in our community charge and I'm looking for ways to investigate and hopefully correct the situation.
I spoke to the administrator and he says its down to the builder to make the changes, (he's not co-operating ... surprise, surprise) but surely there's another way?
Any suggestions will be gratefully received.
Irene
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You can, as individual owners, follow a procedure before the Land Registry in order to adapt the registred information to reality.
Anyhow and in order to adapt the Community fees, that will just have to asked before the Administrator and he will be obliged to proceed according to the quota rules agreed by the Community. If the system for quota feeing does not seem fair, it can be discussed in a Community of owner´s meeting, just majority will be needed for the change.
Good morning by the way!
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Good morning Maria
You say we can follow a procedure before the land registry... if you could explain this, I'd very much appreciate it.
Irene
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Dear Irene:
I would need to see the horizontal division deed, the individual purchases deeds and the Registry information to see what is the exact procedure before the LandRegistry that is needed, but in general terms, there are different ways to declare an inaccuracy before the Land registry and have it rectified.
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Maria
Where would I find the horizontal division deed? Also, the Registry information takes me back to my original question - I don't know where to go to get it.
Sorry to be a pain!
Irene
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Horizontal division deed must be with the President and/or Administrator of the Community of Owners.
Registry information can be accessed through this website: https://www.registradores.org/registroVirtual/init.do ( There is an English version)
You are not a pain!
Maria
This message was last edited by mariadecastro on 4/27/2009.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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