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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5736
Experience:  Spanish Attorney
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Jose Our urbinisation consistes of a community of 78 house

Customer Question

Hi Jose
Our urbinisation consistes of a community of 78 house owners and a community (separate) of 43 garage owners.
The garages are under a section of 32 houses in two blocks (quads) of 16.
There has been a problem of water leakages into the garages for over 10 years which has been ignored.
The outcome is that the garage community have taken the housing to court and a ruling to resolve the problem in accordance with an agreement that was reached by both communities and legally verified at EGM's.
This involves remedial works to certain communal areas which it is agreed will be paid for by both communities on the basis oF the Escrutura (80% House and 20% Garage) and the work will be done in ccordance with recommendation of a qualified (Spanish) Architect / Surveyor.
It hgas been dtermined that 4 patios of owners living over the garages have to be repaired and the Agreement (and court order) confirm payment for these works will be the responsibility of the individual owners but also includes that should any patio refuse to pay or have the work done then the housing community will ensure the work is done and try to recover the costs from the owner.
A contractor has been appointed to do the works which have just commenced and include work to all patios -the aim of both communities (as the Agreement) is to have the works completed and the court case discontinued by June 2015.
Guess what !! one of the patio owners is now refusing to have the work done or pay for it.
There was no obligation for the housing community to arrange for the patio work to be done but all four initially agreed to have their patios included as part of the overall communal work contract.
The relationship between the two communities now one of cooperation and acting as good neighbours.
What we are proposing therefore is agreeing with the garage community that we omit the defaulting patio works from the contract and have them do their own work - obviously in full compliance with the Agreement.
We appreciate that the Agreement states the community has a responsiblity to do the work if the owner refuses but it seems grossly unfair that the interests of the 98.75% of the housing community who are committed to resolving the long standing problem should be prejudiced by the actions of one owner.
My question is therefore that with agreement from the garage community can we a) remove the work from the contract and b) is there the possibility of going to court when the remainder of the work is complet to everyones satisfaction and have the case distontinued for the 98.75% of the housing community and amending the ruling so that it cites only the ownerwho is in breach.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
José M. :

Hi there

José M. :

I am working on your question

José M. :

Let me some minutes

José M. :

Thank you

JACUSTOMER-1l2d02r3- :

OK

José M. :

Well

José M. :

As you say the 98.75% of the housing community has not to stop the project for just one owner

José M. :

The answer goes throw to force him to let it done or demand him in court where he will find to have to pay the cost of the demand and the expenses and damages for his negligence

José M. :

Now the comunity has to notify him that if he do not let it done in some days the comunity will demand him in court to force him to have the work done

José M. :

In the worst part you will have to wait until the court forces him to let it done and he will have to pay all the expenses and damages

José M. :

So, I know is a problem but the way you have goes throw contract an atorney to force him to let it done ( In a extrajudicial way or in court)

José M. :

Thank you for asking

José M. :

Please write if you have more questions

JACUSTOMER-1l2d02r3- :

Are you saying there is no other way than to persuade the owner to have or take him to court and that the housing communities ONLY option is to peersuade the garage community to agree that 98.75% completion of the work is sufficient to have the court action discontinued on the promise that we take court action against the if required to ensure his work is completed.

José M. :

Correct. If this owner stop the project the only way is at court

José M. :

No more ways

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