Property administration

None a priori, the homeowner must prove the origin of the problem with a report from his home insurance.

Home insurance may determine that the origin is communal or a neighbor's house.

If you determine that the origin is community, you should contact the Administration so that they can report it to the community insurer and reach an agreement between insurers or take the necessary steps to rectify the deficiency.

If the insurance determines that the origin is a neighbor's house, the community is not liable.

In the event of a problem inside a home, it is essential to report it to the home insurance company so that they can locate the source, it could be: a shower tray upstairs, a private pipe burst, a community pipe burst, a private clog, a community clog, poorly maintained windows... There are an infinite number of causes and culprits, so the first filter is to know who to claim against.

The first question to ask yourself is, is it a nuisance to you or to all the neighbors, is it a demonstrable nuisance? If the nuisance is caused to several neighbors it is a community problem, if the nuisance is between two people it is a personal problem.

If it is of a communal nature, it is necessary that you collect evidence and provide it to the President or the Property management so that they can initiate proceedings against that person. We can only act in situations prohibited by the laws which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities and which are objectively demonstrable by the affected party.

No, only the owner of the property. The information of a Community of owners is confidential and only the co-owners are entitled to know it.

It is the obligation of the property owner to take care of all information and communications to the tenants; the property owner is responsible for the property even if he/she has a private tenancy agreement.

No, there are communal areas for private use which, due to their location, are only enjoyed by one owner. For example, terraces, balconies...

These areas are considered communal as they are roofs/ceilings of lower floors, according to civil code 396 roofs and ceilings are considered communal.

These areas have a peculiarity: the maintenance (conservation and cleaning) is the obligation of the owner, if a bad maintenance causes damage, it is the owner who has direct access who must take care of the repair, the damage caused and the derived costs. The community only intervenes if there is damage caused by obsolescence and there has been a good maintenance of the area.

Not permitted by:

1. Causing damage to the tarpaulin, such actions ALWAYS have consequences and force avoidable repairs and damage.
2. Increasing the weight above the permitted loads may cause damage to the structure.

The economic consequences of these actions will be borne by the perpetrator, not the community.

No, it is provided by law that the owner is obliged to contribute to the general expenses of the community for the adequate maintenance of the property, its services, charges and responsibilities that are not susceptible to individualization.

You can ask for justification of where the money has gone or will go.

In principle, no. Two conditions must be met:

1. That the project complies with the applicable urban planning regulations and that you can demonstrate this to the community with the granting of the building permit.
2. Obtain the permission of the community of owners, approved by the General Meeting, so that the authorization of the project is recorded in the Minutes.

Once the above requirements have been met, you can carry out the project, bearing in mind that any consequences that may arise from the execution of the project will be assumed by the interested party.

According to the Horizontal Property Law art. 9.1.f, the ownership of this fund is the community for all purposes. Neither can you claim your individual balance, having to reach an agreement with the purchaser of the property.

According to the Horizontal Property Law art. 9.1.f, the ownership of this fund is the community for all purposes. Neither can you claim your individual balance, having to reach an agreement with the purchaser of the property.

For any work that requires the installation of scaffolding or is carried out outdoors, it will be necessary to present a building permit which requires the work of an architect. Therefore, our recommendation is to hire an architect in order to take responsibility for the work:

• Carrying out measurements and repair proposals so that all construction companies quote the same pathologies and a real price comparison can be made.
• Preparation and presentation of the building permit with all the technical information required.
• Site management and coordination of Health and Safety, control and supervision of the work, verifying that what is budgeted is executed in the appropriate manner and with the indicated materials.
• Execution project and Basic Health and Safety Study (if required by regulations).

1. It should always be the architect who makes the technical decisions for the work, he/she is trained and qualified to do so and, if a problem should arise later, they have insurance to assume the consequences that could arise.
2. It is recommended that the Chair or the works commission have regular meetings or at least direct communication with the Architect.
3. The Administration will be responsible for drawing up the contract with the construction company and ensuring that it is carried out. THE CONTRACT IS VERY IMPORTANT to avoid later misunderstandings about deadlines, methods of payment, and others.
4. With the architect, a contract must also be signed that includes the functions to be carried out.
5. It is ESSENTIAL that, both in the contract with the company and with the architect, all legal obligations regarding health and safety are covered. The penalties are significant if a labor inspector comes and sees non-compliance in this regard.
6. It is essential to start the work when the money for the payment of the work is available, the objective being that the Community can meet the payments to the builder and periodic services.