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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 125. Community problems solved in 25 days
18 August 2009 @ 12:25

Nearly 188,000 communities of owners in Spain, equivalent to 15% of the total, have one or more payment defaulters, and the number of arrears continues to grow due to the current economic climate.

A speedy, efficient and economical solution to this problem is the submission of disputes in a community of owners to Arbitration. This submission to arbitration needs to be approved by majority of the owners. The arbitration can be among the owners themselves or between them and the Community.
 
The conflicts that can be resolved by arbitration can be of any kind: 
 
- Non-payment of quotas.
- Conflicts regarding common areas.
- Breach of the rules of the Community ... 


The decision is in place in 25 days, and therefore the time saving is of 6 months at least, if we compare this with a judicial procedure. This arbitration possibility is regulated by the Arbitration Act 60/2003.
 
Every owner just need to make a single payment of around 9 € and this cover arbitration, as well as a Procurator of Tribunals and a solicitor in the event that the award requires enforcement. 
 

 
Spontaneus Flamenco performace in Granada streets by An untrained eye at Flickr.com

 


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2 Comments


Hugh_man said:
18 August 2009 @ 17:11

Maria

That is a very useful tip. Can you tell us anymore of how to go about instigating the process, is it done by the administrator following approval or the President?
Who do you submit the application to?
How can you ensure findings in Arbitration are legally enforced?



Maria said:
19 August 2009 @ 09:41

Answering your questions in capital letters:

Can you tell us anymore of how to go about instigating the process, is it done by the administrator following approval or the President? YOU NEED TO AGREE THE SUBMISSION OF YOUR AFFAIRS TO ARBITRATION IN A GENERAL MEETING. THEN, EVERY TIME A PROBLEM NEEDS TO BE SOLVED BY ARBITRATION, THE COMMUNITY WILL ALSO HAVE TO INSTRUCT THE PRESIDENT TO START THE ARBITRATION PROCESS
Who do you submit the application to? THERE ARE SEVERAL OFFICIAL INSTITUTIONS WHO OFFER THIS TYPE OF SERVICE.
How can you ensure findings in Arbitration are legally enforced? THEY ARE LEGALLY BINDING AS A COURT DECISSION, IF DISOBEYED YOU WLL ASK THE JUDGE TO EXECUTE THEM ( BUT OF COURSE YOU WOULD HAVE AVOIDED THE WHOLE LONG PROCEDURE)

I CAN REFER YOU TO A GOOD ARBITRATION INSTITUTION. PLEASE PM OR EMAIL ME IF NEEDED



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