Community Problem Regarding Maintenance

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23 Apr 2010 00:00 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2409 posts Send private message

Vip Supporter

I wondered if somebody could help iwth advice on the following comunity problem

I own  first floor apartment in a block on 4 on an urbanisation with an established community and am required to re-paint the property externally by the end of May but in order to achieve this I have to gain access to the garden below for the setup of ladders and masking off

I wrote to the administrator requests this access and was decllined advising me that I would need to find some other way to paint the walls which isn´t possible.

The property below, is managed by the President of the community, a person that I have had disagreements with in the past and that introduced the requirement to paint all properties by a certain date

I believe that there is a clause in the Horizontial Property Law that requires owners to provide access for maintenance so can anybody please clafify this

My lawyer says denounce them but tis seems a bit silly,especially as they are The President of the community 

Roy Howitt Independent Property Consultant WE CAN FIND YOUR DREAM HOME 627 955 748

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23 Apr 2010 13:55 by Eva2008 Star rating in Reading. 155 posts Send private message

Eva2008´s avatar

yet another case of a president letting the power go to his head!! Thats one thing I hate about all this community crap. We had the same thing on our urb. So at the next AGM, we outed both the president and the vice presisent and voted in a much better pair.

Hope you get it sorted.

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23 Apr 2010 15:13 by davey Star rating in Wigan /La Tercia Mur.... 205 posts Send private message

davey´s avatar

Hi  inspectahomespain, section 9 of the HPA states,

1. The duties of unit owners are–


a) to respect the general installations of the community and any other common elements in the property, whether for general or private use and whether included in their unit or not, using them with due care and avoiding at all times that any damages or impairments be caused;

b) to maintain their own unit and private installations thereof in good repair so that no harm is caused to the community or other unit owners, making good any damages produced by their negligence or by their dependants’;

c) to consent to any repairs in their unit required for the service of the building and to permit indispensable easements required to create common services of general interest agreed in accordance with the provisions of section 17, being entitled to compensation from the community for any damages sustained;

d) to allow access to their unit for the purposes stated in the three preceding subsections;

Hope this is of some help to you.

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23 Apr 2010 15:24 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2409 posts Send private message

Vip Supporter

Strangely that is exactly what the lawyer has come back with which has been sent to the administrator and president and I await their response

Thank you

Roy Howitt Independent Property Consultant WE CAN FIND YOUR DREAM HOME 627 955 748

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