Community legislation pools.

Community pools are a double-edged sword: on the one hand, They are a claim to the owners by encouraging moments of enjoyment and relaxation, but on the other hand they are a constant source of conflict among neighbors. Why is not more we know what our rights are and, especially, our obligations, in order to make the most peaceful possible to use this common area.

As for the regulations of the communal pools, we must be above all the Horizontal Property Law, which it regulates all matters relating to neighboring communities, from the proper functioning of the common services to resolve disputes between owners or creation / modification of community facilities, issues affecting in any event to a community pool, as a service community.

also the consideration or the pool as "public place" must be taken into account, what will depend on the Autonomous Community where we are, e.g.: Catalonia, Baleares, Murcia and Castilla León They leave the regulation of community pools neighboring communities anyway, understanding that are privately owned and are exempt, in consecuense, the rules governing public pools; in Madrid They consider the community pool becomes public if it is located in a community of more than 30 housing; In Andalucia, Cantabria, Galicia, Navarra and the Basque Country They are considered to be from communities 20 dwellings or more. In the Valencian Community the legislation excludes community pools with less capacity to 100 people.

While as we say the law is autonomous and, Thus, varied, yes there are a number of minimum requirements for safety, hygiene and maintenance of facilities which they are virtually identical in all the Autonomous Communities.

  • Lifeguards: Often mandatory to have one while the pool remains open. The number of lifeguards required will vary according to regional regulations, taking other values ​​such as size or type of pool.
  • Have a first aid kit, properly equipped and located in a visible place.
  • Standards for internal use: neighborhood council approved by a majority, They should pray at the entrance to the pool and inside the facilities in a clearly visible place.

** This list of standards must include a schedule bounded opening and closing, subject to whatever comes Articles of Association of the Community or have decided by majority owners meeting.

  • Facilities: several points to consider:
  1. The maximum height of the glass of the pool It may not exceed 3 meters; obligatorily below 0,60 meters in the case of children's pools.
  2. Around the pool must be at least one meter wide and constructed with slip material.
  3. showers: must be at least two around the pool. Mandatorily must be used before entering the vessel.
  4. Using specific footwear (flip flops, flips flops) to access facilities.
  5. The public pools they must have, Besides the above, of toilets and changing rooms properly packaged and differentiated by sex.
  • Water safety: through appropriate cleaning and hygiene and qualified personnel to carry out maintenance of suitable conditions and legally required water safety.
  • accidents: It is necessary to distinguish two situations:
  1. Accident exclusive fault of the victim or fortuitous event: the homeowners are free to respond and compensate the damage.
  2. Accident responsibility of the owner of the pool for example or neglect of the community in the observance and compliance with any of the above or referred to in the relevant regulations requirements. Here Community liability applies against third parties, and the community will face the timely compensation. Thus, even though the Horizontal Property Act does not require hiring a liability insurance, it is advisable that the community has one, in order to properly address these eventualities.

 

Debunked the General Council of Colleges of Property Administrators for acts of unfair competition

The CNMC gives reason to the National Association of Property Administrators AAFF, and urges the General Council of Colleges of Property Administrators to refrain from conducting a similar advertising of professional exclusivity, as contrary to Law 15/2007, under the warning initiation of disciplinary proceedings.

https://aaff.es/desacreditado-el-consejo-general-de-colegios-de-administradores-de-fincas/

"Never tell the Civil Guard are okupas, they are stealing '

Estate managers give advice to residents of Recas for the raid on floors

"Never say they are squatters, report that they have entered the house and who are stealing. Thus the Civil Guard can throw them at the time ' (sic). It is one of the 'actions' some farm managers advise owners of neighboring communitiesthey work in the town of Toledo Recas.

The warnings are contained in written unsigned distributed through emails this municipality 4.400 registered inhabitants, and they have also been disseminated through social networks.

Property managers beg their customers 'use extreme "precautions in the residents'. So, recommend to make sure to keep closed the gates and portals; not open to strangers and watch the garage door to come and go, "Making sure it is closed".

https://aaff.es/nunca-decir-a-la-guardia-civil-que-son-okupas-sino-que-estan-robando/

 

An administrator who did not formalize a request for aid must compensate the community

The administrator applied for a grant to change the elevator, but he did not respond to the request of the administration to furnish new documentation and did not inform residents that they should do.

http://www.elderecho.com/actualidad/Condenado-administrador-fincas-no-formalizo-solicitud-ayudas-ascensor_0_1093125208.HTML

 

What do we say about the Professional Associations of Property Administrators?

Ieport on the draft Royal Decree that the General Statutes of the Colleges of Property Administrators and Council approved.

Behind this title, what lies are a series of recommendations that the CNMC believe should be taken into account before the adoption of the new statutes that will mark the activity of estate managers.

Before anything, I discussed briefly the functions of property managers.

What do the farm managers?

Property Administrators are configured as a governing body of communities of owners. It is a charge that can be exercised by any owner, as well as by individuals with sufficient professional qualification and legally recognized to exercise those functions. You can also lie with corporations and other legal entities.

Managers are attributed a number of "Minimum" functions: i) ensure the proper management of the house, facilities and services; ii) forecasting and budgeting of expenses submitted to the general assembly; iii) address the conservation of the house, informing the President or owners; iv) execute the resolutions adopted regarding works, make payments and receipts; v) It acts as secretary of the Board of Directors, etc.

The Report of the CNMC has to do with the Draft Royal Decree by which the General Statutes of the Colleges of Property Administrators and the Council be approved. Specifically, This project includes a number of elements that may involve CNMC considers unjustified both to access this profession when exercise restrictions.

To be managing agent ...

  • It is the indirect requirement of compulsory licensing to practice, aspect on which the CNMC recalls that access to a profession and its exercise may be restricted only exceptionally and based on the principles of necessity and proportionality by a regulation having the force of law. This situation does not occur in the case of Property Administrators.

  • There is also the requirement to have a university official degree, in which curriculum knowledge directly related to the inclusion property management, the CNMC considers unjustified. This measure represents an unjustified restriction on its necessity and proportionality means limiting the activity to a small number of operators.

  • Refering to activity expertise, included in the Statutes, CNMC should avoid raising the reserve activity expertise exclusively to collegiate and, on the contrary, they can be included other professionals, competent technicians qualified to do so, since there is no legal protection for it.

  • The CNMC should remember that extreme caution in regulating the generic function of the Professional College when referring to "Adopt measures to prevent professional intrusion and to seek harmony and collaboration among collegiate". Both concepts can not obviously protect susceptible acts of violating the rules of competition.

  • Finally, the recommended CNMC prevent intrusimo concepts and unfair competition serve, incorrectly, to restrict access to the activity of managing agent, a profession unregulated and open access.

The CNMC is the independent regulator of markets and ensuring and promoting effective competition. This report is issued at the request of the Ministry of Public Works, in exercise of the powers of the advisory CNMC, pursuant to Article 5.2 of the law 3/2013, of 4 of June, creating the CNMC.

On professional associations and their need for reform, We have discussed in detail in:

Professional associations and reform, according to the CNCM

Unfortunately some property managers freely belong to a professional association, They confuse society with false claims, diffuse collegiality as a mandatory requirement to practice as estate manager, and belong to a professional association is a guarantee of quality and professionalism. If we look Administrators judicial sentences for crimes collegiate farms, We observe that too, so you can not try to relate quality with collegiality. Surely there will be great professional associations, but their professionalism is not linked to collegiality.

Fortunately, There are several professional organizations that protect and represent professionals engaged in property management, In addition to ensuring the professionalism of its members, as they are http://www.APETI.es, http://www.apaf.es and http://www.AAFF.es, among other. Possibly members of these entities have the same training or higher than the collegiate, but with the difference that no attempt to exclude other professionals Property Management, In addition to freely choose whether to belong to a college or professional association.

Fortunately professional associations enrich the sector, being professional who chooses whether to belong to a group or another, depending on the services offered to its members.

Professional associations unsuccessfully trying to monopolize the sector, and thanks to entities such as CNMC and the work of its officials, In addition to the legislators, this profession remains free access, not allowing schools to try to monopolize the profession against current laws, national and European.

I encourage all professionals dedicated to Manage Farms, Fortunately we have the option to freely choose whether to belong to a group or not, and if we choose to belong to one, we can choose among several professional organizations.

Thank you for the work and efforts made by all the people who contribute to this country to be a little freer. We must keep fighting so that those who try to act in a manner not get impositora, only they act in their own benefit..

Greetings and thanks.

Taxes take into account the rehabilitation of buildings

Taxes that hinder the rehabilitation of buildings

They say the rehabilitation which is the new commitment of the Government in housing. Grants are about; in fact, the Community of Madrid just opened the invitation to apply for aid for rehabilitation edificatoria 2017. An allocation of 14,1 million euros at stake, which is part of the Housing Plan 2013-2016, extended this year.

Nevertheless, taxes rehabilitation works often hinder its implementation.On a budget 100.000 euros, ownership of property located in the district of Carabanchel (Madrid) He has decided to whitewash its building.

These were the numerus clausus to launch the works:

Fee for the provision of urban services: 1.000 euros (1% of the total)
Tax constructions, installations and works (ICIO): 4.000 euros (4%)
Fee for private use or special use of public domain: 500 euros (0,5%).
VAT: 10.000 euros (10%)

as we see, taxes "eat" the 15,5% of total costs. However, Lion spending takes it in the rehabilitation of the bank itself a community. "In this case we asked for a loan amounting 87.000 euros, an interest 6,95% a 96 months ", says the administrator of this farm. The community will have to pay some banking interests 39.000 euros, only this expense representing the 39% the total operation.

Fortunately, this community has achieved grant 36.000 euros from the Community of Madrid, corresponding to the call 2016.

Given this scenario, farms collegiate administrators propose measures to promote the rehabilitation. Among other, Total grant ICIO; removal rates such as use of public domain, levied not only busy sidewalk space with scaffolding, but also the building height; VAT reduction 10 al 7%; or specific financial products.

registration telephony defaulters

When claim if your carrier includes you in a register of defaulters.
For an operator (or other company) target a customer in the register of delinquent debt must be undisputed or will be attacking their honor.

In 2014, Yoigo client changed his phone company to understand that the signal was not good and that there were interruptions in communications. At the end of their relationship, the operator claimed him € 566.95 in settlement because it did not respect the commitment to stay. As he refused to pay, Yoigo got him into two different records of defaulters, Axnef and Badexcug.

This inclusion came out very expensive: Ibercaja, A-E and Orange consulted such registration, which he meant that applicant be refused a loan and charge higher interest on fees.

In a judgment of the Court of First Instance No. 1 of Alcala de Henares, He was sentenced to the company, now owned by Másmovil, to turn off 3.000 euros to include improperly in the files of the applicant unpaid, that the statement identifies only as 'Romulus'.

Violates the right to honor

The section 19 of the Provincial Court of Madrid analyzed the appeal against this judgment Telstra and recently dismissed. And exhaustively. "Inclusion in the register of defaulters, exist without truth, violates the right to honor, because it is an imputation, that of being morose, that injures the dignity and impairs his fame and attentive to his own estimate, It is inconsequential that check whether or not consulted by third parties ", Judge Fernando Delgado recalls the presentation of the judgment.

"While debt remains and is true as evidenced by the appellant, it is also true that the respondent maintains, that is to say, that inclusion considered improper because the debt has been discussed and accrual is a legal issue ", Add. In summary: if the debt has been discussed, It is unfair to enroll in the register of defaulters and penalizing the user.

But it is not an isolated case. More than fifteen sentences SPANISH cast consulted by the case law on how inclusion in records of defaulters, under certain conditions, determines the existence of recoverable damage.

The Provincial Court recalls that the Organic Law on Data Protection (LOPD) states that can only be recorded and transferred personal data that are necessary for assessing the financial solvency of stakeholders (…) provided they respond truthfully to the current situation of those ".

required

For this, certain requirements must be met: “The prior existence of a certain debt, overcome, exigible, that resulted unpaid and has been required to pay the debtor, informing him that if payment is not produced in the term provided for this purpose and fulfilled the other requirements "may include the defaulter in the file.

The Court interpreted that "there is no inclusion of uncertain debts, dubious, peaceful or not under dispute, it being sufficient that a principle of documentary evidence that contradicts their existence or completeness appear ". Come on, if there is default can not be for lack of solvency. If the debt is recognized, e.g., by a judgment or arbitration award, It would be legal, but not until then.

Conclusion? If any reader feels damaged in their rights to be included in one of these dreaded files, would do well to consult with an expert in data protection.

TAXATION OF INCOME HOUSING 2015

All clues on how housing taxed Income 2015

One of the biggest concerns for most taxpayers passes successfully complete all information relating to deductions for housing.

The campaign Rent 2015 He kicked off last week and one of the major issues for most taxpayers is the tax treatment of housing. This year, Besides, presents new: such as eliminating tax relief for rent.

It should be clear What deductions can take advantage of the taxpayer, How tributa, e.g., payment in kind or rental.

PURCHASE OF HOUSING AND REHABILITATION

1. What it is the usual home? The Tax agency means residence to that for which the taxpayer's residence for a continuous period of, at least, three years and that the taxpayer may dwell effectively and permanently, within a period not exceeding twelve months, from the date of purchase or completion of construction. further, They assimilated to the residence for the purposes of the deduction annexes and garages acquired in conjunction with housing

2. How does the deduction for acquisition or rehabilitation affects? From the 1 January 2013 It is suppressed Deduction for investment in residence. Yes, taxpayers who acquired their property before that date can continue to enjoy tariff reduction under the above conditions to 31 December 2012.

They can also benefit taxpayers who had previously satisfied amounts to 1 January 2013 for rehabilitation or extension of the residence, provided that those works are completed before 1 January 2017. Likewise, taxpayers who have satisfied amounts forrealization of works and installations adequacy of the residence of persons with disabilities before 1 January 2013, provided that the said works or installations are completed before 1 January 2017.

Yes, we must bear in mind that in order to apply the transitional deduction system requires that taxpayers have applied the deduction for such housing 2012 or in previous years, unless they have not yet been applied because the amount invested in the same has not exceeded the amount exempt for reinvestment or the factual basis of deduction from previous homes.

"Where the acquisition or rehabilitation are carried out with external financing [mortgages], the amounts financed are understood as inverted are amortized loans obtained. In these cases, They form part of the basis of the deduction both amortization of principal and interest and other expenses arising from such funding ", assures

The percentage specific to deduct is a 15% on the amounts contributed with a maximum limit 9.040 euros annual, what real effects yields a maximum deduction of 1.356 euros.

In the case of the adequacy of the residence of taxpayer on grounds of disability, the limit is 12.080 euros annual.

3. How taxed payment in kind? From the 1 January 2014, It is declared exempt from income tax the profit on a payment in kind mortgage or notarial execution of the residence of the debtor, or guarantor, to cancel debts secured by mortgage on the same, provided that the credit has been granted by a bank or similar entity, If the owner or guarantor does not have sufficient rights or other assets to pay.

In any case, it is necessary that the owner of the residence has no other property or rights in sufficient amount to satisfy the entire debt and avoid the alienation of housing.

4. What is the exemption for reinvestment in residence? Capital gains realized on the transfer of residence of the taxpayer may be exempt, when the total amount obtained by transmission reinvests in acquiring other housing habituatel or rehabilitation of that that will have such character, ensures the Tax Agency.

This reinvestment must be done only once and in a period not exceeding two years (before or after).

Reinvestment of the proceeds from the sale must be made, once or successively, in a period not exceeding two years, counted from date to date, which can be not only after but also before the sale of the previous residence.

Must take into account, in the event that the amount of the investment is less than the gain from the sale, only It is excluded from taxation proportionate share the capital gain corresponding to the amount actually reinvested

RENTAL

5. It follows Something tenant? Since 1 January 2015 the deduction for renting the residence is deleted for tenant, for subsequent contracts at that date. In previous contracts, regulation sets a deduction 10,05% the amounts paid in the tax period, provided their taxable income is less than24.107,20 annual euross.

This deletion is only in the state deduction and not in the autonomic.

6. Does generates a rental yield? The Tax Agency explains that the income from the rental housing for the lessor are yielding real estate capital.

7. What you should declare the arrendandor?Yes, who has rented an apartment you do not have to report total revenues entered. The performance measurement is done by subtracting from income deductible expenses and applying this amount, where appropriate, certain reductions.

8. What expenses can deduct the landlord? For the determination of net income from real estate, can be deducted from gross income all expenses necessary to obtain, as well as the amounts for amortization of property and other assets assigned to the same, provided that they meet their effective depreciation.

The Tax Agency notes that the net return, the amount to declare, It may even be negative after deductions.

9. What expenses can not be deducted? Yes, Not all expenses are deductible. So, e.g., payments made on account of claims incurred in the real estate leading to decreases in the value of assets of the taxpayer are not deductible.

Nor does the amount of the improvements made to the property, without prejudice to the recovery of its cost by a route depreciation and amortization.

10. How tributa? In the event that renting a property is allocated to home, positive net yield, calculated as the difference between the total gross income and necessary expenses that are considered deductible, It will be reduced by 60%, whatever the age of the tenant. In the case of positive net income, the reduction will be applicable only in respect of the income declared by the taxpayer.

11. If you rent a young? In 2015 disappears reduction 100% which applied to the lessor if the tenant was aged between 18 and 30 years and net income from employment or economic activities in the higher tax period the IPREM.

12. How do they affect the interests? further, a ceiling set for the deduction of the interests of foreign capital, financing costs and repair and maintenance expenses, which may not exceed the amount of the full performance of each well. However, the excess may be offset in the next four years with the same limit for each property.

13. If there sublease? In the event of subleasing, the amounts received by the subtenant shall not be considered rental income, but from capital. Nevertheless, owner participation in the price of the sublease itself has the consideration of rental income, without it being necessary to apply on the net yield any reduction.

14. What if the rent is performed as an economic activity? Only if the lease is done as an economic activity the proceeds are not considered in rental income, but of economic activities, within which specific section shall be declared.

It is understood that the lease is done as an economic activity when in the development of the activity there, at least, a person employed with labor contract and full-time, for the performance of such management, as detailed Hacienda.

15. A home is needed? The Tax Agency has included a novelty in the exercise 2015 and that removes the requirement for, at least, with a local exclusively intended for management of properties leased to consider renting as an economic activity. Thus, if a taxpayer rent homes via internet, even without a physical loca, It can be understood as an economic activity.

16. Do you pay VAT? Normally, rental housing (used exclusively as such, with furniture, -arrendados garages and annexes together when it is established in the contract Leases-), It is a free operation VAT. In this way, the landlord does not affect or enter the tax for this item, nor the tenant is obliged to bear.

Nevertheless, no exemption in cases where housing is attributed to a mixed use apply, as a home or professional office.

Nor is tax exempt lease furnished accommodation where the lessor agrees to provide services of the hotel industry (such as cleaning, laundry, bed sheets, towels, etc.).

17. Should we be attentive to something? For the Tax Agency it has announced that this year is watching who has expressly announcement vacation homes online and other means.

News: "Expansión.com"

CNMC discredits the intention of monopolizing the profession of Property Administrators by professional associations

https://blog.cnmc.es/2016/04/07/que-decimos-sobre-los-colegios-profesionales-de-administradores-de-fincas/

What do the farm managers?

Property Administrators are configured as a governing body of communities of owners. It is a charge that can be exercised by any owner, as well as by individuals with sufficient professional qualification and legally recognized to exercise those functions. You can also lie with corporations and other legal entities.

Managers are attributed a number of "Minimum" functions: i) ensure the proper management of the house, facilities and services; ii) forecasting and budgeting of expenses submitted to the general assembly; iii) address the conservation of the house, informing the President or owners; iv) execute the resolutions adopted regarding works, make payments and receipts; v) It acts as secretary of the Board of Directors, etc.

The Report of the CNMC has to do with the Draft Royal Decree by which the General Statutes of the Colleges of Property Administrators and the Council be approved. Specifically, This project includes a number of elements that may involve CNMC considers unjustified both to access this profession when exercise restrictions.

To be managing agent ...

  • It is the indirect requirement of compulsory licensing to practice, aspect on which the CNMC recalls that access to a profession and its exercise may be restricted only exceptionally and based on the principles of necessity and proportionality by a regulation having the force of law. This situation does not occur in the case of Property Administrators.

  • There is also the requirement to have a university official degree, in which curriculum knowledge directly related to the inclusion property management, the CNMC considers unjustified. This measure represents an unjustified restriction on its necessity and proportionality means limiting the activity to a small number of operators.

  • Refering to activity expertise, included in the Statutes, CNMC should avoid raising the reserve activity expertise exclusively to collegiate and, on the contrary, they can be included other professionals, competent technicians qualified to do so, since there is no legal protection for it.

  • The CNMC should remember that extreme caution in regulating the generic function of the Professional College when referring to"Adopt measures to prevent professional intrusion and to seek harmony and collaboration among collegiate". Both concepts can not obviously protect susceptible acts of violating the rules of competition.

  • Finally, the recommended CNMC prevent intrusimo concepts and unfair competition serve, incorrectly, to restrict access to the activity of managing agent, a profession unregulated and open access.

The CNMC is the independent regulator of markets and ensuring and promoting effective competition. This report is issued at the request of the Ministry of Public Works, in exercise of the powers of the advisory CNMC, pursuant to Article 5.2 of the law 3/2013, of 4 of June, creating the CNMC.

On professional associations and their need for reform, We have discussed in detail in:

Professional associations and reform, according to the CNCM

The relations between the owners of communities

The relations between the owners of the communities have gone from relations of friendship and familiarity strangeness relations.

First I want to thank comunidades.com for giving me the opportunity to share our thoughts on this blog aimed at both individuals co-owners and the various professionals who aspire to that common interests are managed effectively and efficiently. Read more