Posts Tagged ‘neighborhood’
How many times have we considered what happens if you stop paying the Community! Do the same rights as are acquainted? What process can continue against the defaulters? Most communities have some neighboring homeowners defaulting. The existence of these can cause serious damage throughout the Community and its left action could lead to paralyze or works that you can not close deals. In the Community’s interest that somehow the non-payment leads to a loss of the right to vote in the Neighborhood.
The payment procedure is a legal procedure which seeks to require the payment of dues owed. To this end, the residents themselves through a board must approve the settlement of money due and detail the defaults. The next step is the assessment notice in the home that once gave the defaulting owner. By law just a notice on the bulletin board of the residents for a period of three days. After those three days, the President of the Community can begin the process for payment, for what must go to District Court or lodge a complaint.
It is then followed a period of arguments for the defendant, and finally, the Judge decide. This process allows the delinquent payment has no vote at meetings of the Community, although it can have a voice.
It is also important that the buyer of any floor, before signing any papers, find out if the owner is selling debts to date with the Commonwealth of housing for sale, and that these debts should not be cleared before they are affected housing, so the new owner would become the debtor of previous defaults.
I live in a community of owners and several months ago an apartment rented to a man who is causing problems of coexistence, put noise late at night, put loud music, throw rubbish into the yard … Is it possible to do something? ”
Urban Leases Act 1994 gives the owner the ability to go, legally, against the tenant for nuisance or damage to the property or third parties. And the Horizontal Property Act states in article 7.2 that the owner and occupier of the flat or premises are not allowed to develop in him or the rest of the building activities prohibited by the statutes, resulting damage the property or contravene the general provisions on annoying, unhealthy, noxious, dangerous or illegal. The president of the community on its own initiative or any of the owners or occupants, who carry out required activities prohibited its immediate cessation.
Therefore, we recommend communicating by fax bureau with acknowledgment of receipt or notarized the tenant through the immediate cessation of the nuisance, uncomfortable, unhygienic, unhealthy … under pain of legal action from start. This requirement must be done by the president of the community. If the tenant behavior persists, the president again, after authorization in the minutes of the Board of owners convened for that purpose may bring legal action against him accordingly. A future application must be accompanied by formal testing and certification of the agreement of the Board of owners, so it should fulfill the legal formalities in the notice convening the meeting, agenda, summons … If needed, you can consult a lawyer. In addition to requesting the judge to order the cessation of noise nuisance and immission can also claim the deprivation of the right to use the house for no more than three years, depending on the severity of the offense and the harm caused to the community and / or who are declared finally extinguished all rights to the leased property and its immediate release.