GIPE Newsletter 2 October 2024

HOUSING LEASES:

EVEN IF THE INSURANCE COMPANY PAYS

In a case of eviction for non-payment of rent for a premises, the landlord requested the termination of the contract and payment of the rents owed. The tenant objected, arguing that the rents had already been paid by the non-payment insurance. However, the court ruled in favor of the landlord, forcing the tenant to pay the rents until eviction. The court stressed that payment of the rent is the tenant’s responsibility, regardless of whether the landlord has insurance to protect against possible non-payments.

OWNERS’ ASSOCIATIONS:

I WANT TO RESIGN FROM THE POSITION OF PRESIDENT

The law establishes that the position of president in a homeowners’ association is mandatory and lasts one year, unless the statutes indicate otherwise. However, the elected person can request his/her relief if he/she has justified reasons. First, he/she must explain his/her situation to the Board of the community. If the Board does not accept your resignation, you can appeal to the judge, presenting and proving the reasons. Reasons such as living abroad or health problems or advanced age are usually accepted. Living in a second home or being a company are not accepted as excuses, as this can be delegated to a representative.

RELATIONS WITH THE ADMINISTRATION:

IF YOU RECEIVE A NOTIFICATION OF EXPROPIATION

The law allows the Administration to expropriate private land for public or social interest purposes, offering a fair price (justiprecio). However, the public utility must be justified, which allows the owner to object if he/she does not agree. The City Council must declare the public utility and describe in detail the property to be expropriated, justifying the need with objective data. If the owner does not agree, he/she can present allegations within 15 days after notification, and the Administration must resolve within a maximum of 20 days. If the offered price is not accepted, the owner can challenge it or appeal to the court.

GIPE: Together we will be stronger