One of the main questions that we ask ourselves as owners, is if we can carry out individual actions and not joint actions before a Court. According to article 18 of the Horizontal Property Law, a neighbor can take legal action individually, when a decision taken at a meeting of owners causes harm to the same community.
We have already seen that in any community of owners there will always be neighbors who occupy certain common areas without asking the rest of the owners. Many people assume that they can leave their bicycle or baby stroller in the common areas without any problem. But the reality is that if you as a neighbor-owner are bothered by someone’s personal item being in the middle of a common area, you have every right to complain and have it removed.
The dynamics of compulsory convocation of neighborhood meetings will be suspended until April 30, 2021. In Catalonia, it has been the Property Administrators who have proposed to change the legal regime of the Horizontal Property, in order to prevent contagions and outbreaks of COVID-19. This request has been accepted, so that by means of the Decree Law 26/2020, the obligation to convene meetings of neighboring owners has been stopped for approximately one year.
In recent days, the Government has made available to us a guide with recommendations for the use of air conditioning and ventilation systems as a COVID-19 prevention measure. All this, at the level of buildings and premises with some trade. This document has brought together a series of technical keys to protect the health of citizens, trying to prevent the spread of COVID-19 in places with air conditioning and / or mechanical ventilation. An example of this type of spaces are shopping centers or offices.
Taking into account the situation for COVID-19, there are many families who want to opt for a removable or inflatable pool to cope with the summer heat. These installations are usually designed to be installed on terraces and even rooftops. But, is it legal, can there be complications with the structure of the building, should the neighbors be informed before carrying it out?
During the months of quarantine and the State of Alarm the homeowners’ communities have been involved in a non-payment of up to 50%. The situation that has been developing over the last few months with COVID-19 has turned out to be a real nightmare. Not only in economic and health terms, but also in terms of people’s quality of life. Many families are unable to meet the monthly community expenses. Not to mention the expenses that may arise for any specific reason.
According to article 7.2 of the Horizontal Property Law, by placing three-pane windows instead of two-pane windows the aesthetics of the building has been changed, so the community can order the immediate demand and reinstatement to its previous state. On the other hand, if the neighbor who is required, by virtue of agreement of the meeting, to return the window to its previous state does not pay attention within the period given to do so, the community can exercise the action for cessation in ordinary trial.
If the damage existed before the fall and was known by the owner, the community is not responsible, so the compensation would not proceed. Likewise, if there have been no other falls, the neighbor would be responsible. In addition, she must prove how the events occurred because if she changes her version – and says first that there was a defect and then that there was water – it is considered a variation prohibited by the Civil Code.
Article 20 of the Urban Leases Law allows the community expenses to be charged to the tenant as long as this is established in the contract and signed by both parties. However, article 20.1 of the Urban Leases Law also states that for this clause to be valid it must be in writing and determine the exact amount, so if the annual amount is not established, it is understood that this agreement is null and void.
It has been a month since the State of Alarm began in Spain. The situation has become so delicate that not only the public space has been affected, but also the private one. Leaving the house is a restricted action, but what about the space in which we live? For the safety of neighbors during this coronavirus quarantine period (COVID-19), many common areas have been closed. These are all those that are part of the essential transit. Paddle tennis courts, swimming pools, gyms, saunas, gardens, playgrounds, are examples of areas closed during this time.
