Housing Consultation: “Can delinquent neighbors be prohibited from using the sauna and gym until they pay what they owe?”

If you have problems in your community of owners -spills, leaks, parking spaces, cleaning, storage rooms, security, noise, odors…- you can resolve them in our office. Send your questions to the email [email protected].

Here you have the answers given today by our expert Patricia Briones, lawyer of the College of Property Administrators of Madrid.

Apartment sold with tenant

ASK I am in a rented apartment in La Coruña and the owner has a contract with me for 5 years. It has only been a little more than one and he is selling the apartment to a man who needs it to live in. Does the buyer have to honor the contract or can he kick me out? David.

EXPERT’S RESPONSE If the lessor has not included any clause relating to this issue in the lease contract, the duration agreed in the lease contract takes precedence.

Consequently, the buyer “inherits” the contract and will not be able to access the home while you reside there.

However, it does not hurt to send a notification in this regard to the landlord so that he can inform the buyer of this and the need to respect not only the contract but also to allow him to reside in the home peacefully.

Pay… and enjoy

ASK Our community has a sauna and gym. We have four delinquent neighbors who use these services. Can they be prohibited from using it until they pay what they owe? Is that possible? Anabel.

EXPERT’S RESPONSE After the last reform of the LPH, art.21.1 of the LPH empowers communities to agree to deprive the use of recreational facilities, as is the case for defaulters.

Consequently, they can adopt the agreement by a simple majority of the owners attending the meeting unless they want to approve it as a statutory clause to register it in the Property Registry, in which case the agreement must be approved unanimously.