Administrators must know the legislation for communities of property owners. An attendee at the community meeting informed about an article in the legislation that could be used against squatters and criminals within the community. No actions has been taken and it is understood that the Secretary-Administrator, who was chairing the community meeting in an unprofessional way, do not regard as applicable to C.P. Terrazas del Rodeo. This does not correspond with what the association of Administrators of communities of property owners (Colegio de Administradores de Fincas) communicates.
There has been lots of trouble with squatters and criminals within the community. A representative of a property owner, who has been badly affected by squatters next doors informed that there has been made illegal connections to electricity and asked during the community meeting on 13 April 2019 if the community had taken any actions against the squatters. The answer was Nothing!
The representative also referred to Article 7 of the law that regulates communities of property owners (Ley 49/1960, sobre propiedad horizontal) and mentioned that the community can take legal actions against activities such as:
- Prohibited in the statutes
- Harmful to the property
- In conflict with the following:
- Annoying
- Unhealthy
- Harmful
- Dangerous
- Illegal
The meeting was chaired in an unprofessional and inefficient way, where the person speaking was interrupted by others. One of the worst among the attendees in this respect was in fact the President of the community who does not seem to understand how to behave during a meeting. Not even the Secretary-Administrator who was chairing the meeting, would not let the person finish talking about Ley 49/1960 without being interrupted!
Even tough the meeting was run in an unprofessional and chaotic way, it was understood that the Secretary-Administrator expressed that Article 7 of Ley 49/1960 is not possible to be carried out, which do not correspond with what the association of Administrators of communities of property owners (Colegio de Administradores de Fincas) communicates.
Since there has been lots of trouble with squatters and drug traffickers within the community, then the Secretary-Administrator could have brought the lawyer from his office to the community meeting to clarify the legal issues. She has been working at José Urbano Consultores for many years and has represented the community in legal matters too.
The property owner in question sent an email to the Secretary-Administrator on 22 April 2019, asking for clarification whether Article 7 of Ley 49/1960 is applicable to the community or not. (Read!)
No reply!
The property owner sent another email to the Secretary-Administrator on 12 August 2019, requesting to take part of certain documents, where it also was pointed out that the email on 22 April was still unanswered and that the issue regarding Ley 49/1960 had not been clarified. (Read!)
The Administration sent a reply to the email on 10 September 2019, where they only responded to the request of taking part of certain documents. The issue about Ley 49/1960 was ignored. The reply was sent by The Administrator's asistante. (Read!)
The property owner sent another e-mail to the Secretary-Administrator on 22 July 2021 where the following three different issues were brought up:
- Contact details (e-mail addresses and phone numbers) to the members of "Junta Directiva"
- If Ley 49/1960 (propiedad horizontal), CAPÍTULO II, Arículo séptimo is valid for C.P. Terrazas del Rodeo or not
- Request of extract of the account of the property in question, which the Secretary-Administrator is obliged to provide with on request
The property owner asked to get a receiving confirmation. (Read!)
No reply!
Colegio de Administradores de Fincas
The association of Administrators of communities of property owners (Colegio de Administradores de Fincas - CAF) writes in their magazine (Revista el Administrador - No 85 Q3 2020) how Administrators should act in case of squatters. Even though, it's the affected property owner that must initiate legal procedures against the squatters, the community of property owners (Comunidad de Propietarios - C.P.) can also act in case the squatters are carrying out annoying, unhealthy, harmful, dangerous or illegal activities within the community, or activities that are harmful to the property or prohibited in the statues. Even if they don not explicity mention the law, it is Ley 49/1960 (propiedad horizontal), CAPÍTULO II, Arículo séptimo that is the legislation at hand.
Is the Administrator fit to administer Communities of Property Owners?
It is beyond understanding why the Secretary-Administrator has avoided to clarify if Article 7 of the legislation for community of property owners (Ley 49/1960) is applicable to C.P. Terrazas del Rodeo or not. As an Administrator, registered with CAF-Málaga, he must know this legislation and he should have a big interest to clarify this issue too. By not doing so and not even bother to reply rise the question if the Secretary-Administrator is fit to administer communities of property owners.
ignorantia iuris nocet (not knowing the law is harmful)
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Legislation:
Facts:
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Boletín Oficial del Estado (BOE)
Ley 49/1960, 21 July, sobre propiedad horizontal.
The Administrator has to:
- To watch over the good keeping of the community, its facilities and services, and to make relevant warnings to the property owners.
- Prepare in due time and submit to the Board of property owners the plan of foreseeable expenses, proposing the necessary means to meet them.
- Attend to the maintenance of the community, arranging the repairs and measures that are urgent, immediately reporting them to the President or, where appropriate, to the property owners.
- To execute the agreements adopted in the matter of works and to make the payments and to carry out the collection of community fees.
- Act, as the case may be, as secretary of the Board of property owners and keep the documentation of the community to be available for the property owners.
- All other assigned powers by the Board of property owners.
(Artículo 20, Ley 49/1960)
The owner and the occupant of the apartment or premises are not allowed to develop in it or in the rest of the property activities prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit. (Artículo 7.2, apartado 2, Ley 49/1960)
The president of the community, on his own initiative or that of any of the owners or occupants, will require those who carry out the activities prohibited by this section to immediately cease them, under warning of initiating the appropriate legal actions. (Artículo 7.2, apartado 2, Ley 49/1960)
Sunday, 29 August 2021 14:14
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