Your Administrator Responds >> Questions and Answers

Here we collect a selection of the frequent queries of general interest that we formulate the owners, in the conviction that they may be interesting for later visitors. Gradually we will expand the content with the themes that we want to raise.

Resignation of President

The President of my community has resigned by letter addressed to the neighbors and says that I, as Secretary, should take over his functions and call a meeting.

Is that correct?
If so, what exactly should I do?
If not, what are the steps?


The Horizontal Property Law does not provide for the resignation of the charges, let alone, be done by letter to the comuneros.
What should be done is an Extraordinary General Meeting of the Community, called by the President who is, in accordance with Article 16 of the Law, has the capacity to do so, and submit to the Board new appointments. It is this General Meeting that has the power to accept or not the resignation of the President and designate the new positions.

Community Expenses

About four years ago we lived in a new building, arranged in 5 blocks of flats with patio and central garden, and on both sides of the building there are 7 single-family houses with individual entrance each. The presidents who took the steps to request cipher and book of community records, did not include single-family residents as neighbors obliged to maintain it, assuming that the fact of not entering their home by the patio excluded them. I asked the builder of the newly constructed building. The surprise that I took was to verify that the houses each had a 2% share of participation. There are several doubts that arise. This is the first call to be made according to this legislation, so I believe that the houses will not accept this approach, even if I put it in the scriptures. What should be my answer? Do they have to pay the proportional share of community insurance, as well as the expense of the garden? I understand that a community must be made, with different cif for the blocks, should the houses be constituted in another independent community?

The fact that some Community owners will not initially be charged to Community owners does not mean that they are excluded in perpetuity because, in accordance with Article 9 (1) (e) of the Horizontal Property Law, all owners are obliged to contribute to common costs According to their respective coefficient.

Acceptance of obligations is not a matter of voting or majorities, but of complying with the Law. Of course, they have to pay the proportional part of insurance and garden maintenance.

As for the Commonwealth, it is not necessary. In fact, what exists is a Community formed by all, and several Subcommunities of Blocks, but it is not essential to obtain CIF and Book of Records for each one, although if they consider it appropriate they can do so.

Choice of Building Manager

Can the President of a Community change the Farm Manager without bringing the issue to the neighborhood board meeting? The appointment of the Administrator, as that of any other office of the Community, must be agreed at the Board of owners, as established in Article 13 of the Horizontal Property Law. Said agreement, like all those that refer to the administration, must be taken by double majority (of owners and quotas) relative to the attendees and represented in the Board.

In case of urgency, the President may temporarily contract it, and submit this appointment for ratification at the first Meeting to be held, which should be shortly.

Is there any law or regulation on the election of the Administrator in a new home if no volunteer leaves?

If there are no volunteers, the Act provides for the possibility of being chosen by lot, or a rotating turn is established. In the last case, if there is no agreement and it is impossible to appoint a position, the judge will have to go to the court.

Increase in water consumption

When the water meter is communal and affects only a few co-owners, and in case of failure in one of the floors, consumption increases abnormally, it is not possible to quantify what each one consumes, can another co-owner refuse To pay the aliquot part of the surplus that results?

If it is not possible to quantify individual expenditure because there are no private accountants, any abnormal consumption produced by damage or by any other cause must be faced by all community members as if it were normal, in accordance with the provisions of Article 9.1.e) of The Horizontal Property Law.

Is it possible to evade a charge?

Can an 83-year-old woman, who lives alone in a flat owned by her, be forced to be president or secretary of the Community of Neighbors?

All owners have the right and duty to hold the corresponding Community charges, as set forth in Article 13.2 of the Horizontal Property Law, and there are no exemptions for age.

If you do not want to accept the position, you must go to the Judge within the month following your appointment, stating the reasons you deem appropriate and, if the Court considers them, it will be the Judge who will name the new President or Secretary.

Participation Fees

I have the quotas of participation of my property: of floors 38,41 and premises 4.65. Why not add 100%?

The sum of all the coefficients must be 100, unless it is a Community formed by several blocks, and that you refer to the sum of floors and premises of a block.

Do the premises participate in the same expenses as the apartments or only certain types of expenses?

Premises are in principle to participate in their coefficient in all Community expenditure, except where the Statutes or, by unanimous agreement of the Community, are exempted from certain expenditure (elevator, heating, staircase light, etc.) .

If you have not been charged what you owe, is it possible to charge you what you have paid less, with retroactive effect?

Expenditures for prior years that have been settled and whose accounts are approved are difficult to claim; It would be necessary to examine the minutes, calls and agreements made in connection with the Budget, Quotas and Approval of the accounts of the completed exercises in order to have an informed opinion.

Claim to delinquent neighbors

I would like to know the detailed steps to follow when a comunero does not pay the community fees and above tells you that you do not feel like paying. How do you need to be notified? How do you go to the judge? How do we present the complaint or complaint, before whom or what body? Does this have to be approved by the entire community?

The procedure for claiming the defaulting landlords is established in Article 21 of the Horizontal Property Law.

Although the Act allows the court to go to court without a lawyer or prosecutor, I do not advise you to do so, because any defect in form, any delay in answering or any small incident may imply that the interests of the Community are not adequately defended, and Lose the lawsuit.

In addition, all expenses and costs that occur, although the Community must advance them, can recover them when the sentence is executed.

Subsidies for housing reform

What requirements does a property have to meet to obtain funding for its comprehensive reform in the City of Madrid? Are there grants? The City Council grants subsidies within specific programs (rehabilitation, replacement of coal as fuel for community boilers, costs of realizing the ITE, etc.), which are established each year with concrete budgets.

Ownership of covered space

In our community of owners we have a problem with the under deck. We are 20 neighbors and a person outside the community claims as his own the low deck (450 m2). Who owns the space? Could the developer of the building have sold it? The claimant, according to his version, has registered it in the year 97 and the community denies the step (apart from that he has never paid his share if it really belongs to him).

The building is 30 years old and the neighbors do not trust to put the community in a management (they think they will lose control over the community).

The space under deck may be an independent building plus building. To verify if it is so and if registered as such, you must request a Simple Note from the Horizontal Division of the building in the Property Registry corresponding to it.

Once verified the belonging to the Community, in the same Register can verify who is the owner of said farm and, consequently, the one obliged to pay the corresponding Community fees to the said farm. Of course, in this case, the owner can not be denied access to the property or to the Community. And you can also claim the proportionate share of the Community expenses of the last 15 years.

If, on the other hand, the said farm does not exist in a register, that is to say, if it does not appear as an additional property, that place under cover would be a common element belonging to the whole Community as a whole.

Regarding the management of the Community, it is advisable to go to a Farm Manager who advises and advises them on the resolution of existing problems and, in particular, on this specific issue.

Prohibit commercial advertising.

I would like to know if we can put in the community a role in which it is prohibited:

– business email

– sales in the building

There is no requirement in the Horizontal Property Law that prevents the placement of notices prohibiting certain activities in the Community, although the effectiveness of these may be very limited.

As for commercial mail, it is very difficult to delimit sometimes, and the most usual solution in practice is to have a mailbox on the outside of the building, where “ADVERTISING” is indicated, so that all type Advertising and publicity. Obviously, the commercial mail that has specific recipient can not be prohibited.

With regard to sales, door-to-door salesmen can be barred, but if they are concerted visits with specific people, nothing can be done.

Distances to the enclosure or to the construction

In a semi-detached house, can you make a paella box on the free wall, two meters from the fence or ten meters from the fence?

Your query refers to an urban theme, rather than to the Communities of Owners.

The subjects related to distances to the enclosure or to the constructions are usually specified in the urban plan of the plot, in the Statutes of the urbanization, and in the corresponding Partial Plan.

If you do not have such documentation, you can consult the Community Administrator or your City Council.

Correct Use of garage spaces.

I have a motorcycle and a car in the same garage, in a community of 217 neighbors. My questions are several. Without leaving my garage, can I park the two vehicles? Can the vehicle excel in something long, in front or behind? What measures should the garage have by law, in height? In principle, pursuant to Article 3 (a) of the Horizontal Property Law, a landlord who – within the limits of his property – may not park one, two or the vehicles he deems appropriate, be small or Large, provided that it complies with the limitations imposed in articles 7 and 9 of the Law, that common elements are not invaded and that there is no Municipal Ordinance that prohibits it.

However, by statute it could unanimously be agreed that only one vehicle should be parked in each place, for possible requirements of the community insurance or to avoid excess traffic inside the premises.

However, no vehicle can be allowed to stand out from the limits of its place, either in front, behind or on the sides, regardless of whether there is one or more vehicles in the square. As for height, you should consult the corresponding municipal ordinance.

Claims for defects in construction

We have a problem in my community. This is a recently completed bungalow development. Each home has its own private terrace and garden. The promoter prepared half of the homes with the corresponding pipes to evacuate storm water from the terraces. They always fall on the terraces or garden of each neighbor.

The problem is that neighbors who do not have pipelines, and exhausted all possibilities against the promoter, want to install them at the expense of the community. Is this possible? Can a neighbor refuse to pay community expenses?

Obviously, this is a defect in construction which affects private elements, in which the Community has no responsibility.

Once the friendly channels have been exhausted they should initiate a legal claim against the promoter, either individually or collectively (those affected) and, if they do not want to wait for a judgment to be delivered and consider it appropriate for their interests, Defects at their own cost, but never charged to the Community, since they are not common elements.

Any neighbor can refuse to pay this payment within the Community, since it has no legal basis whatsoever.

What can you do to a noisy neighbor?

I live on a first floor, and my neighbor upstairs makes a lot of noise at night, puts music, runs around the house, moves furniture, even her cat jumps on the uralita of my gallery. If I denounce it, will I get something? From what time can not make noise? Could they measure the noise level? She lives for rent, should she speak or denounce the owners of the apartment?

If the noise exceeds the level established in the Municipal Ordinances, you can require your neighbor to soundproof your home, at your expense. The first thing would be to ask the City Council to make a noise measurement to verify the situation objectively.

In any case, you should talk to the owner to know the situation.

Anyway it is a very subjective and thorny issue, and difficult to solve. In an extreme case, Article 7.2 of the Horizontal Property Law could be applied, but I do not want to hide from you that the possibilities of judicial success are very scarce because of the difficulty of the proof.

Raise the price of heating

Recently and by agreement of the Governing Board of the Community of Owners, composed by the President and three members, it has been decided to raise the price of the heating hour of 0.15 (established in the budget of the General Meeting of last year) To 0.36 euros claiming that, if the price is not raised, heating expenses are not covered. This price has been established during a trial period for two months and after this time will be reconsidered. To what extent is it legal ?, and if not, how can I claim it?

Agreements on quotas or valuation of common services measured by accountant must be taken within the framework of a general meeting of the Community, which alone has powers to take such agreements.

Unless the General Meeting has expressly delegated, by agreement to that effect, to the Governing Board to modify or update the prices of the heating service, any modification in this regard shall not oblige the owners, nor may their payment be required.

Access to the profession of Building Manager.

I would like to receive information about how to access the Title of Building Manager, that is, through what studies or previous qualifications can be obtained. To access directly the profession of Administrator there are several titles that qualify for it: Bachelor in Law, Economics, Business, Political Sciences and Veterinary; Agricultural Technical Engineers and Forestry Assistant.

The former system of access by opposition, called by the Ministry of Public Works, was canceled with the creation of the Official School of Farm Administrators, which has been signing agreements with various universities for the provision of three-year degrees in accordance with To the School Curriculum. Currently, these studies can be taken at the Universities of Alcalá de Henares, Barcelona, Basque Country and Polytechnic of Valencia, among others.

In any case, in any of the Territorial Schools can be updated and complete this information in more detail.

Antennas of mobile telephony.

I would be grateful if you could tell me if there is any kind of legislation on the installation of mobile phone antennas and any possible damages they may cause. Thank you very much. From the community point of view, the installation of mobile telephone antennae on the roof is considered as “leasing of common elements that do not have a specific use in the building”, for which article 17.1 of the Law establishes a double majority ( Of owners and quotas) of 60%, and provides that the votes of the absentees shall be considered favorable, unless they communicate their opposition in writing to the Secretary, within thirty days following the notification of the agreement.

As the aforementioned article also includes the need for the consent of the directly affected owner, if any, it must be taken into account that both residents in the building who use pacemakers or any other medical device that may be affected by electromagnetic fields Of the repeater, such as neighbors physically close to the antenna (last floors) that will be exposed to higher levels of electromagnetic fields, as well as those who do not want to assume the possible risk to their health and that of their family, and those who consider that it can Depreciate the value of your property.

There are those who think that the agreement must be taken unanimously, based on the possible alteration of the structure of the building due to the overweight it may represent, and also on the construction of the shed that it carries with it, but at the moment there is no jurisprudence that inclines By one interpretation or another.

Legally, some municipalities have established a municipal ordinance that regulates the installation of these antennas and many others are preparing it, while the Ministry of Science and Technology also has in draft royal decree with the regulation of development of the General Telecommunications Law, As regards easements, exposure limits and other restrictions on radio emissions.

As for health, there is no agreement among scientists about the risks to human health of exposure to the waves of a mobile phone antenna, but there is a consensus that exposure to these waves is not proven to be safe.

In this sense, the World Health Organization initiated a project in 1996, which aims to set uniform exposure limits for all countries, and whose findings will be presented in 2005 or 2006.

Opening of a bar in the commercial low.

I am the secretary of the community of owners, and they want to open a café-bar in the basement of the building. We are not very happy and we wanted to know if they need any permission from the Community for the opening, and if there is some legislation to expose our complaint to the City. The installation of any activity in a local does not require the permission of the Community as such. However, the City Council notifies the Community and neighboring communities that a construction and operating license has been requested for a particular activity, so that those who consider themselves harmed make the relevant allegations. Finally, the City Council decides whether or not to grant the license.

The fundamental problems that an activity like this can cause are the ones derived from the closing schedule and the noises, and normally do not occur until it is not in operation. It is then when the Community has to report to the City Council if any irregularity occurs, persisting in the denunciations if it takes time to get the discomfort ceased.

In our section EDITOR’S LETTER of the previous Bulletin we were echoing a new ruling on the annoyances caused by a bar to its neighbors.

Constitution of the Community of Owners.

I bought a second-hand floor. It is a building with two floors and we are 4 neighbors, 3 floors are of one lady and the other is mine. There is no community of owners and I am interested in building it. I would ask them to help me, explaining what I have to do. Ah, I forgot, there are also two basses that are from another owner, but does not have access through the portal. What procedures are required to become a community of owners? Do you have to register the community somewhere? Do you need to notify Hacienda? What is done with the book of minutes?

The steps to establish the Community are as follows:

1. Acquisition of the Book of Records and legalization in the Property Registry where the property is registered.

2. Celebration of the Board of Constitution of the Community, with appointment of positions, approval of Budget and Fees to be contributed, drawing Minutes.

3. Application of the CIF of the Community in Finance, providing the Book with the Act of the Board of Constitution.

Counters of water

In my community we have a single accountant per portal, but in some houses we are two and in another five. How can we tell if individual counters can be installed? If you can always, do you have a vote? What percentage of votes are the majority? Does everyone pay for themselves? The Horizontal Property Law establishes in article 9.1.e) the obligation that each owner has to contribute to the common expenses that are not susceptible of individualization. As the water expenditure is perfectly individualized, the neighbor who installs a private accountant is in his right and can do so, which will contribute very possibly to a saving of water in the building, because it usually happens that when you pay in Community you look Less and, sometimes, is wasted.

The overall bill paid to the supplier is deducted from the consumption of the owner or owners who have individual counters, and the result is distributed among homes that do not have an accountant. This is done in justice, no one is harmed, and it is allowed to make use of its right of invidualization of the expense to who has already installed the accountant, and any other comunero who decides to install it in the future.

For this topic to be discussed at the next Board, you must propose it in writing in advance to be included in the agenda. For private accountants there is no need for a community agreement, although it is advisable to treat it in the Board to give the opportunity to be installed by the owners who so wish. Just as anyone has the right to put it, it is not possible to force its installation to those who do not want it, even if it is approved by a majority.

Logically, the amount of the counter must be borne by each of the owners who install it.

Legal qualification to practice as Administrator in a Community

The Law of Horizontal Property stipulates in Article 13.6 that the positions of Administrator and, as the case may be, Secretary-Administrator, may be exercised by any owner, as well as by a person with sufficient professional qualification and legally recognized …. It is in The latter where I want to focus my questions in the following sense:

  1. Who is legally qualified to practice as an administrator (in a remunerated way)
  2. Who are legally recognized to practice as administrators? I understand that, for example, an attorney may be legally qualified, but in order to be legally recognized, should not he be a Farm Manager? In this case, is this association made without further formalities or has it passed any kind of test or examination?
  3. Where is the boundary between managing a community of landowners and legal counsel from a lawyer to a community of landlords?

 

  1. In order to exercise as Administrator, charging for performing such functions, only the Administrators of Collegiate Estates are legally authorized. The example you put of the Lawyers is valid. They may exercise if they are collegiate as Administrators, and although no evidence is required, they are normally invited to attend the Training Courses that the Schools regularly give.
  2. Legally, both the Administrators and the owners are recognized. Any of the owners can exercise the position, but without remuneration. There are sentences in this sense and even an offender was sentenced to a fine for the amount of the High in the College plus the college fees corresponding to the period in which he had exercised as an intruder.
  3. The truth is that the Administration has enough advice, not only legal but also technical. In any case, if it is the same person who provides both services, charging for both, their performance may be misinterpreted in some cases. It is clear that, if as a lawyer defends the Community, he will receive a fee for this, regardless of what he covers as Administrator; But their performance may lead to significant confusion in some cases.

The legal reserve fund.

The 5% of the Reserve Fund that the Communities of Owners are obliged to include in their annual budgets, is it financed by each of the comuneros or is it deducted from the total of the regular budget? That 5% will be entered into a current account different from the ordinary one, and destined only to expenses of conservation of the building? The Reserve Fund is constituted, apart from the Regular Budget, and by all the comuneros, including parking spaces, storerooms, premises and all the estates that are part of the building.

It is not necessary to open an independent account with the collection of the Reserve Fund, since this may make it difficult to arrange for an emergency in the event of an urgent need to pay for an unforeseen repair and because its minimum budget of 5% Minimal, almost testimonial, that does not justify being taken into account separately, not even for the possible profitability of its deposit.

Statutes of Communities.

Is there a model of Statutes with the new Law? Where are the Statutes of the Communities of Owners registered? To be valid, is it mandatory to register them? There is no model of the Statutes in accordance with the Reformed Horizontal Property Law, nor with the old one, because the Statutes have to be drafted according to the Community in question, taking into account the services provided and the different types of expenses. A preliminary study of their needs and expectations should be made for their elaboration, and it is very important to have the professional advice of a Farm Manager, whose contributions and practicality are fundamental for their future viability.

The Statutes, once approved unanimously at an Extraordinary Meeting of the Community, are registered in the Registry of Property to which the building belongs. When written by the promoter, it is obliged to provide them to the buyers at the time of purchase, stating in the deed the knowledge of them.

While not registered in the Register, the Statutes oblige the current owners of the Community, but not the future. In order for the new comuneros who have access to the property are obliged to comply, it is necessary that they can be known by third parties, and this is achieved with the registration in a Public Registry, such as the Property Register.

Needless to say, the Statutes are not mandatory, which a large majority of the Communities do not have, and therefore do not work worse. Others have a simple partial transcript of the Horizontal Property Law. In general, the Statutes are nothing more than an adaptation of the Law to specific Community circumstances.

Recently, with the reform of the Law, it is frequently asked whether or not it is necessary to adapt the Statutes to the current situation. It is clear that, even if it is not done, those precepts that contradict what is provided by the Law are not applicable, and whether or not an adaptation is appropriate, it must be decided by the Community itself, or by its rectors who are the ones to propose it. Subsequent amendments to the Statutes have the same procedure: unanimous approval of the Community and registration in the corresponding Registry.

Derribo de la pared maestra.

We recently bought an old apartment that needs refurbishing. Among the reforms we want to do is the demolition of a master wall. This work is directed by an architect, since it implies the replacement of the same by a beam. Our consultation refers to the types of permits and laws that regulate the execution of such works, since on the one hand we are pending processing by Part of the city council, but for another we do not know exactly what our obligations are to the other owners of the farm.

The master wall, as a common element, is owned by the Community, and its demolition or modification must be unanimously agreed by all owners, following the convening of a General Meeting, indicating this matter as a specific point in the Agenda for its celebration .

Installation of an elevator.

I just purchased a home. It is a low, located below the portal height. The other day I was put in the mailbox a paper asking for votes for the installation of an elevator. In case this would be done, I would like to know what my rights and obligations are regarding this community improvement. How is the agreement taken? Do I have to pay a percentage of these expenses, even though I can not use it to access my home?

According to Article 17.1 of the Reformed Horizontal Property Law, for the establishment of a lift service in a Community, a favorable vote is required of 60% of the owners, who in turn represent 60% or more of the Coefficients, assuming that it is technically feasible.

In the case of people older than 70 living in the building, this installation is considered as a suppression of architectural barriers, and the agreement is taken by double majority (of owners and quotas) simple.

In any case, once the agreement is reached, the obligation to pay corresponds to all owners, including the low, basement and premises without access to the portal, which must contribute to this improvement in proportion to their respective coefficients of ownership.

President by representation.

For 8 years I live in an apartment owned by my father. In the last Community Meeting I was appointed President of the Community, representing my father, since I am the one who actually lives there and who can attend to the affairs of the farm. A few weeks later, the Administrator informed me that I can not be me, but in any case he has to be my father, since he is the owner.

My question is this: Can I hold office if my father authorizes me? Is that authorization to be signed by a notary, or is it sufficient that it be a private document?

The LPH does not allow another person other than the President to represent the Community, even if it is authorized by the same. The President has no authority to determine who replaces him, and if he does not attend the Meeting, he will be presided over by the Vice-President, if there is one and attend; Otherwise, the Board chooses who presides over the meeting, which must be the owner, as established in Article 13 of the Horizontal Property Law:

The only thing that the President can delegate is the realization of certain internal efforts, but not the position nor its functions. Of course, as an owner, you can delegate your vote and representation on the Board, on whom you prefer, even if you are not the owner, just like the rest of the condueños, but nothing more.

VAT of the Communities.

The administrator of our community charges us with 16 percent VAT on their fees. This VAT, can we declare and thus opt for its return, since it is a VAT supported? The VAT of the administrator has the same consideration as that of electrical energy, the maintenance of the elevator or any contractor of a work for the Community.

With regard to it, the Community is the final consumer and can not deduct it, unless it generates VAT for some atypical activity (rent of cover, billboards, leased premises, etc.).

Waiver of a Community Charge

In the Board of owners, whom I did not attend, I have been appointed president of the community. Because of my husband’s serious illness, which requires daily medical attention and daily personal care, I find it impossible to carry out the job. In addition, I do not live in that apartment, which is rented, since for the aforementioned illness we must reside several months a year in coastal zone. I believe that with the new law I can challenge this appointment. That I have to do?

Initially, neither sickness, nor retirement, nor residence outside the Community of Owners, exempt a comunero from the obligation to hold the position for which he has been appointed, although frequently the Communities establish of own motto the exemptions that consider In order to ensure the proper and dynamic functioning of its Community. When there is nothing established, only the Judge can exempt the charge and appoint a substitute.

Article 13 of the Horizontal Property Law regulates the appointment and functions of the different positions of the Community of Owners, and in its section 2 states that the appointments are mandatory, although the designated ones can request their relief to the Judge within the month following to Their access to the position, invoking the reasons that they consider pertinent.

The Judge will decide what is appropriate, according to what is established in article 17.3, naming in the same resolution the owner that would replace him.

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