Court ruling: who is responsible for fixing leaks
In Guadalajara, a first-instance court has ruled on a case involving water leaks in the garage of a residential complex in El Casar. The owner of a parking space suffered damages due to wear and tear of the waterproofing layer on the terrace located above his property. During the hearing, representatives of the homeowners’ association and the insurance company attempted to shift responsibility, claiming the issue was caused by unauthorized renovations in the upstairs apartment that allegedly altered the drainage system. However, the court dismissed these arguments, as there was no evidence of when the work was carried out or any homeowners’ meeting decisions approving the changes. As a result, the responsibility for repairing the damage remains with the homeowners’ association.
Duties related to maintaining common elements of the building
The judge reminded that, according to the Law on Horizontal Property, it is the homeowner association’s responsibility to maintain the common areas of the building, including roofs and terraces. In this case, the issue was the need for waterproofing repairs, which are considered part of the building structure and classified as common property. The court also noted that there was no evidence to prove that leaks were caused by improper use of the terrace, nor that the work carried out in any way affected the building’s safety. Additionally, the court rejected the argument about the statute of limitations, stating that this was not a matter of civil liability but a statutory maintenance obligation, which carries a five-year period.
Amount of damages and cost allocation
When determining the amount of compensation, the judge took into account the expert assessment provided by the plaintiff. This included the costs of repairs, painting, scaffolding rental, and debris removal. As a result, the homeowners association and the insurance company were ordered to pay €487.01, plus interest accruing from the time the damage was discovered in August 2021.
Real estate management professionals’ viewpoint
Professional property administrators in Madrid explain that when repairing terraces and patios that are communal but for private use, it is important to determine the cause of the moisture. If the issue is due to improper care or misuse by the owner, the expenses fall on them. If the cause is worn-out waterproofing, then the repair is covered by the homeowners’ association. In cases where both factors have contributed, the costs are usually split equally or according to a mutual agreement.
What is included in routine terrace maintenance
Owners of apartments with exclusive use of a terrace are required to cover routine maintenance themselves: painting interior walls, repairing baseboards, and replacing tiles. However, restoration of the waterproofing layer is considered a major repair and is paid for by the community, since this component is regarded as part of the building’s structure.
