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Lift turned off!! - Page 3

Edward100

Posted: Wed Oct 20, 2021 9:31pm

Posts: 41

13 helpful points

Joined: 14 Jul 2018

Posted: Wed Oct 20, 2021 9:31pm

janiceroquero wrote on Wed Oct 20, 2021 7:00pm:

What floor is said apartment on?

I'm sorry I can't help but I'm in the opposite position, we live on the second floor of a four story block. There is a person who doesn't live here but owns two properties in the building whos is demanding that we all spend at least 15 thousand Euros each on an elevator that half of us don't want. Two plans have already been rejected by the majority of the community and now there is a third one which will partially  block our entering and leaving our flats for a major structural alteration to our homes for at least three months. [ Who knows how we will be able to get a stretcher up and down is anybody's guess }  Total cost of the elevator is 160.000 Euros plus the cost of a service contract which is frankly ridiculous. The administrators of the building seem happy to let us fight it out but it looks like legal action is pending. I know this is of no help to you but I wish you well with your problem.  

Rossco

Posted: Thu Oct 21, 2021 7:11am

Posts: 14

2 helpful points

Location: Alicante City

Joined: 10 Apr 2021

Posted: Thu Oct 21, 2021 7:11am

trotter wrote on Mon Oct 18, 2021 3:23pm:

If it wasn't on the agenda, which should have been sent out to all owners prior to the AGM, then it shouldn't have been voted on at the AGM. It could have been brought up and discussed under "any other business" but it shouldn't have been voted on until added to the agenda for the next meeting.

I would imagine that if the lift is turned off for a length of time that a safety check would have to be carried out before it could be used again.  This is not really a money or electric saving idea. It is not that the lift is constantly going up and down all day if there is only 6 appartements. I would ask that the proposal is abandoned. Good luck.

elinspain

Posted: Thu Oct 21, 2021 8:39am

elinspain

Legendary helpful member

Posts: 3248

4130 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Thu Oct 21, 2021 8:39am

Edward100 wrote on Wed Oct 20, 2021 9:31pm:

I'm sorry I can't help but I'm in the opposite position, we live on the second floor of a four story block. There is a person who doesn't live here but owns two properties in the building whos is demanding that we all spend at least 15 thousand Euros each on an elevator that half of us don't want...

.... Two plans have already been rejected by the majority of the community and now there is a third one which will partially  block our entering and leaving our flats for a major structural alteration to our homes for at least three months. [ Who knows how we will be able to get a stretcher up and down is anybody's guess }  Total cost of the elevator is 160.000 Euros plus the cost of a service contract which is frankly ridiculous. The administrators of the building seem happy to let us fight it out but it looks like legal action is pending. I know this is of no help to you but I wish you well with your problem.  

Hello Edward

As an example, a few urbanisations up the road from me I have an elderly Scottish friend on the top floor (5th). Several people wanted a lift, for years..... many didnt so it was agreed that those that did ,would share the cost of a very  small lift  + maintenance and they have access everyone else walks. 

She didnt say how much she contributed  & she only has a one bed apt. but it seems to work  very well & everybody's  happy.

Cheers

Elinspain

mickyp

Posted: Thu Oct 21, 2021 8:40am

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Thu Oct 21, 2021 8:40am

janiceroquero wrote on Wed Oct 20, 2021 7:00pm:

What floor is said apartment on?

It's on the 2nd floor. I have got someone looking into the issue. Thanks 

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Poppy07

Posted: Thu Oct 21, 2021 9:11am

Posts: 16

6 helpful points

Location: Rojales

Joined: 9 May 2021

Posted: Thu Oct 21, 2021 9:11am

My only advice  is for you to ascertain from the administrator how many proxy votes were cast. If not enough to carry the vote then you should insist on an extraordinary  general meeting to be held which the president cannot refuse.

mickyp

Posted: Thu Oct 21, 2021 9:23am

mickyp

Original Poster

Posts: 17

4 helpful points

Joined: 29 Jul 2021

Posted: Thu Oct 21, 2021 9:23am

Poppy07 wrote on Thu Oct 21, 2021 9:11am:

My only advice  is for you to ascertain from the administrator how many proxy votes were cast. If not enough to carry the vote then you should insist on an extraordinary  general meeting to be held which the president cannot refuse.

Thanks for your advice, just out of interest do you know how many votes are required? It's the one thing the administration will not tell me

Poppy07

Posted: Thu Oct 21, 2021 9:40am

Posts: 16

6 helpful points

Location: Rojales

Joined: 9 May 2021

Posted: Thu Oct 21, 2021 9:40am

mickyp wrote on Thu Oct 21, 2021 9:23am:

Thanks for your advice, just out of interest do you know how many votes are required? It's the one thing the administration will not tell me

It is a percentage of the urbanisation apartment floor areas. It isn't difficult to work out, however you administrator  must tell you the result of the vote  if not there is something very fishy going on

 Good luck.

DavenJules

Posted: Fri Oct 22, 2021 11:17am

DavenJules

Helpful member

Posts: 328

179 helpful points

Location: Monóvar

Joined: 1 Dec 2019

Posted: Fri Oct 22, 2021 11:17am

Cheryl wrote on Mon Oct 18, 2021 11:56am:

I'm not surprised you are cheesed off!

From various things I have read, the job of President is often a thankless task but they still have responsibilities.

https://www.spainlawyer.com/legal-guide/the-community-of-property-owners-in-spain/ 

Reading this, (assuming it is correct) it seems you have some options open to you:

Section 8, The Rights of the Property Owner, 

10.3 The book of minutes

10.4 Contesting Decisions taken at the Meeting (within 3 months of decision)

President's duties including preparing the accounts of expenditure

Not knowing if you owned the apartment at the time of the meeting, I would think you could ask the President for the accounts so you can see for yourself how things stand. The President doesn't have to live on the Community and where he lives is not relevant although he will obviously not be as affected by the decision as you are. It could be that other owners are behind in their Community fees, or the lift is old and needs major work and there simply isn't the money for ongoing repairs. 

I would also write a letter in Spanish and English and put them in the boxes for any owners living above the ground floor, bearing in mind the owners may be absent for a good while, just to see if you will get any support.


Great advice Cheryl. Informed, succinct and supportive.

Thank you.

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