Difference between homeowners association and horizontal property
In order to save in the expenses of the Community of Owners, a good management of the property is essential. If we count on a Collegiate Property Administrator, not only we will have the guarantee of an optimal management and the endorsement of a corporation with own juridical personality as the Professional Associations, also we will be perfectly informed of the subsidies to which the property can accede (boilers, works of accessibility, rehabilitation, elevators…) and we will avoid possible sanctions to the Community of Proprietors by ignorance of the legislation (fiscal obligations of the Community, L.O.P.D. etc.).
“Neither the most expensive budget, nor the cheapest… the one in the middle!” This phrase that can be a joke, we have come to hear it in several Meetings of Owners… it is necessary to analyze in depth all the budgets since in many occasions, those that initially are the cheapest, can turn out to be really expensive… It is advisable to study and to compare the material to install, conditions of the contract, service, to contrast the experience and guarantees of the company etc. The Collegiate Administrator of Fincas is a faithful ally in this function and will be able to recommend to us suppliers of full confidence.
When you have just bought your first apartment, there are many doubts about the functioning of the community of owners. What are the rules of coexistence? How are the common spaces used? Who is the president and how is he/she elected? Will it be your turn soon? And, above all, what is the community fee? …). In this post we explain what is the participation fee in a community of owners. The quotas are essential to maintain the building, since a community generates fixed costs (such as maintenance of common areas, electricity, water, salaries of concierge services, …).
The quotas should also generate savings for the community in order to face extraordinary expenses and spillages, one of the things that can cause more problems for the economy of the owners. Many communities already avoid these problems with community insurance, but there are others that still suffer from unexpected common expenses.
In chapter II, article three, it is indicated that each floor or local has an exclusive right of ownership over that space, but also enjoys co-ownership of the common elements together with the rest of the owners of the other floors and locals.
Homeowners’ Association Act
However, the elected president may request his resignation before the board of neighbors, which may accept it and elect another president, or refuse, in which case a judge would have to be called upon, who would study the reasons of the resigning party and make a decision.
During this period, meetings at the request of the president, attended by a quarter of the owners, will be allowed, as well as the adoption of agreements by postal or telematic vote, provided that the guarantees of participation of all the owners are complied with.
In order to reach agreements in the meeting, a majority of voters or another one is required, depending on the subject matter. Those that require unanimity of all the owners present are those that imply the approval or modification of rules contained in the constitutive title or in the statutes.
For more common decisions, such as the establishment or suppression of services such as elevator, porter’s lodge, security…, it is sufficient that 3/5 vote in favor. A majority of the votes (51%) is only required in the case of the elimination of architectural barriers to facilitate access for the handicapped.
Building Owners Association
I owe the community of neighbors, a large amount of € since I could not make the payment since 2013, they denounced me for non-payment of fees for 2013 and 2014, we reached a payment agreement that I could not meet, to date I still can not make payments for the family economic situation.
Jacob Peregrina de Francisco02.02.2020In my community of owners there is a deceased homeowner with no knowledge of heirs or their addresses. The debt is high and it is not known from whom or how to claim the debt.
Also through the Land Registry it is possible to know in whose name the property is, which could be the case that it is not the deceased. In that situation you could claim to the registrant.
You will only be able to avoid the payment of what is claimed for those parts of the debt for which you can prove the payment (receipts or any other means of proof of those admitted in law, including testimonial evidence).