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27 Apr 2009 12:00 AM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

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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27 Apr 2009 5:18 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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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

El blog de Maria



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27 Apr 2009 7:01 AM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

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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27 Apr 2009 7:56 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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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

El blog de Maria



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27 Apr 2009 8:19 AM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

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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27 Apr 2009 8:32 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

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

El blog de Maria



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