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Frequent Questions
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* If I am elected President of the Community, can
I refuse to carry out the position?
* Is the President of a Community able to change to the Administrator
of Properties without taking the topic to the meeting of the meeting
of neighbors?
* How can the necessary majorities be gained when at the Meeting very
few proprietors attend the meeating?
* Is necesary to have a favorable vote from the
majority owners to install a satellite dish for the Comunity?
* Will the new Law, make necesary an increase of fees?
* What happens if one buys a house with outstanding community fees?
* What can the Meeting of Proprietors do if some of the neighbors
uses its housing to carry out in her some forbidden activity?
* As acting before neighbors that play music until early hours
in the
morning.
* Measures to facilitate the collection of the doubtful ones
* What do I have to do to receive the terrestrial digital television?
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Necessary majorities
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How can the necessary majorities be gained when at
the Meeting very
few proprietors attend the meeating?
The new Law establishes the obligation that has all proprietor of
notifying to the Community a home of notifications and, of not making
it, they will be valid those that are made to the floor or local in
question. The votes of the proprietors non assistants will be
considered as favorable if, once notified of the adoption of the
agreement, they don't manifest their discrepancy in the term of thirty
natural days. It is, therefore, very important for the proprietors of
second housings, in the beach or in the mountain, to communicate this
home for notifications that it will be usually that of their residence
place, to avoid that they are valid those that are made to the second
housing, usually unoccupied.
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Satellite
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Is necesary to have a
favorable vote from the majority owners to install a satellite dish
for the Comunity?
For this type of agreement it is necesary to have a favorable vote
from a third of the fees propietord with a third of the fees, but then
one won´t be able to recoup the share of the cost from the propietors
that voted aganinst the motion, if they vote ask for ow ners to the
service they will have to pay their share of the instalation cost.
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New Law L.P.H.
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Will the new Law, make necesary an increase of
fees?
The fees will not necesarily increase with the new law, establishes
the obligations f the communitiy to make a reserve fund to cove the
cost of conservation and repairs of the building. This fund must be no
less than 5% of the normal budget, this means that each owner will
contribute 5% of the community anual fund. The advantage of this fund
is that the community will not have to wait to start necessary repairs
work. Naturaly this fund only cover the certain costs, or payment of
an insurance premium that cover extraordinary risk to the estate, or
pay a mantenimance contract for the buildeing and it´s installations.
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Free of Charges
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What happens if one buys a
house with outstanding community fees?
In the moment to grant the writing, the one that sells the floor has
obligation of contributing the Secretary's certification and of the
President of the Meeting of proprietors in the one that consists if
the floor is a day in the payment of the quotas or which it is the
quantity that is owed. Without this certification, the Notary won't
authorize the writing, unless the buyer liberates the salesperson of
this obligation. Neither that to say has that this liberation is only
advisable in the cases that it is trusted in the salesperson's word.
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Debtors
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What can the Meeting of Proprietors do when some
of the comuneros doesn't pay its quotas?
The new Law establishes some measures to facilitate the collection of
the debtors : the application of an extraordinarily brief
judicial procedure, the condemnatory sentence that relapses in the
same one settles down it can only be appealed if previously it has
been paid or deposited, according to the sentence, it owes
himself, the credit regarding the average annuity in the moment of the
reclamation and the previous one is specially privileged, so that the
Community he/she is entitled to get paid prior to other not privileged
creditors, the floor or local in question it is expressly affection to
the payment of those annuities, etc. Also, the one that is not to the
current in the payment of the quotas is not entitled to vote in the
Meetings of proprietors.
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To refuse to carry out President's
position
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If I am elected President of the Community, can I refuse to carry out
the position?
Those that are chosen to be Presidents of their Community have the
obligation of carrying out the position. They can refuse if
there is a fair cause for it, but they have to go to the Judge and to
give such a cause that will only be done if it is exactly fair. In
practical terms, it means it that only in very exceptional cases the
proprietor will be able to avoid to carry out the position for which
has been chosen.
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To carry out Forbidden Activities
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What can the Meeting of Proprietors do if some
of the neighbors use the apartamenr /house to carry out in some forbidden
activity?
In such cases (for e.g., when a housing is dedicated to local of
business or to office being forbidden this destination in the statutes
of the Community), the President of the Community will require the
ceasing from the activity to the proprietor or tenant and, if it
doesn't cease, we will be able to go to the Judge who, in the case of
estimating the demand, he/she can end up agreeing to the privation of the
use from the housing to which is carrying out the forbidden activity,
although he is the proprietor, in which case he will only be able to
be it for a three year-old maximum. The sanction, like leave, it is
extraordinarily serious and it is of hoping the ceasing of the
forbidden activity takes place before giving place to such a serious
condemnation.
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Forbidden activities
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As acting before neighbors that
play music until early hours in the
morning.
In accordance with the new one normative, to the proprietor and the
occupant of the floor it is not allowed him to develop in the property
activities prohibited in the statutes that are harmful for the
property or that they contravene the general dispositions on annoying,
unhealthy, noxious, dangerous or illicit activities. For he/she will
go it to the President of the Community who will require who carries
out these activities the immediate ceasing of the same ones, preparing
him after listening their applications that if he/she doesn't make it,
it will begin the reasonable judicial actions.
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Measures for the Collection of the
Doubtful ones
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Measures to facilitate the
collection of the doubtful ones
The new Law establishes some measures to facilitate the collection of
the doubtful ones: the application of an extraordinarily brief
judicial procedure, the condemnatory sentence that relapses in the
same one settles down it can only be appealed if previously it has
been paid or deposited that that, according to the sentence, it owes
himself, the credit regarding the average annuity in the moment of the
reclamation and the previous one is specially privileged, so that the
Community he/she is entitled to get paid prior to other not privileged
creditors, the floor or local in question it is expressly affection to
the payment of those annuities, etc. Also, the one that is not to the
current in the payment of the quotas is not entitled to vote in the
Meetings of proprietors.
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T.D.T.
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What do I have to do to receive the terrestrial
digital television?
It can meet with one of these two situations:
1. the buildings of new construction that will have a collective net
to distribute the services of digital television of agreement with the
normative of the Infrastructure Common of Telecommunications (ICT).
The Community of Proprietors of a building of recent construction,
will have the following documents that credit the existence and
benefits of its ICT:
Project approved by the corresponding Professional School.
Bulletin sent by the company installer responsible for the execution
of the installation (company inscribed in the Registration of
Installers of Telecommunication).
Certification emitted by the Managing Engineer of Work, at least, in
the case of buildings with more than 20 houses, in residential
buildings that include active elements in the distribution net and in
the buildings of non residential use.
Protocol of tests with the mensurations of the facilities.
2. the buildings of old construction, without ICT that need to adapt
their facilities to receive digital television, since their collective
antennas were only designed for the reception of analogue television.
The works to carry out will depend on the quality and of the state of
the net of existent television in the building, and they will adapt to
the specifications technical collections in the legislation in
normative ICT.
Anyway, we advise him to consult with a company iinstaller of expert
telecommunications in Digital TV and credited by the Ministry of
Industry, Tourism and Trade. We can also consult with profesional
about desing.
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Change Administrator
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I change Administrator
Is the President of a Community able to change to the Administrator of
Properties without taking the topic to the meeting of the meeting of
neighbors?
The Administrator's appointment, as that of any other position of the
Community, he/she should remember in the Meeting of proprietors, as it
establishes the article 13 of the Law of Horizontal Property. This
agreement, as all those that refer to the administration, must take
for double majority (of proprietors and of quotas) relative to the
assistants and represented in the Meeting.
In the event of urgency, the President can provisionally hire him, and
to subject this appointment to ratification in the first Meeting that
he takes place that should be in a brief term.
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frequent questions
