Repairs to properties within a community

Post reply   Start new thread
:: New - Old :: Old - New

Pages: Previous | 1 | 2 |

Forum home :: Latest threads :: Search forums
The Comments
13 Aug 2016 5:04 PM by Nikon Star rating. 8 posts Send private message

BUT I do not co-own another houses in the street





Like 0      
14 Aug 2016 10:19 AM by acer Star rating. 1537 posts Send private message

Some things in Spain are clever and make a lot of sense.  Often they have a simplistic approach which works well, but not the HPA, which is poorly written and open to interpretation.  They also don't follow English Law and follow the system of legal precedent, which avoids haggling over the same issue many times.

In the UK, the buildings of a block of flats should be insured by the freeholder, or freehold owning company to avoid complications.  It's not good if you own the top flat and insure the notional value of your portion of the building, if someone lower down the building fails to insure - re-instatement can become a bit difficult!

It's different for terraced houses as you don't often have "shared" walls and so in the UK the practice is that they are insured individually which seems to work well.  Insurers have market agreements to deal with large claims and the cover provided is generally similar.  Equally as important is that in the UK most people insure.  But in Spain it is different, the insurers are not as organised, the cover varies and there is a higher level of under insurance.  The saving grace is that in Spain serious fire losses are less common than in the UK - I don't know why.

The only way to be sure you're OK insurance wise if you own a flat is to have a meeting with everyone and agree that the property is insured once with one insurer, noting the interest of the various owners for the total re-instatement value of the building plus perpheral outbuildings and swimming pools etc.

For me the process should be different for terraced property as reaching agreement will be more difficult and the sum insured per unit will be different.  But there should be agreement between owners on the decision decided and this must be put into print for reference, if the worst happens.  You really don't want to find out that owners have insured on a different basis, or not insured at all at this time.



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 0      
14 Aug 2016 1:58 PM by Nikon Star rating. 8 posts Send private message

This is not a problem about insurance.

The problem is that I do not think the community funds should be used to pay for repairs to individual properties.

Funds should only be used for the areas which we have in common.The only common elements which we have are gardens and paths.

The previous president was fair to all.This new one has his own agenda.





Like 0      
14 Aug 2016 2:26 PM by johnzx Star rating in Spain. 5242 posts Send private message

Nikon:  The only common elements which we have are gardens and paths.

It is difficult to make any reasonable comment as we do not know the exact nature and construction of your community.,  but if you have walls which are common to say at least two properties then I would think that all the actual structure is community property.

If that is so it would mean you cannot carry out any constructional work without community permission. If that is correct, then the structure is community property.

As you are so concerned I would suggest you pay for independent legal advice to clarify the situation.





Like 0      
14 Aug 2016 9:26 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

For goodness sake the answer will be with your solicitor, in your deeds and even with your community administrator not on a forum 

commuities differ from tower block apartments to groups of detached villas so will the shared ownership and liabilties etc.

A shared wall between 2 properties is more likely the joint responsibility of both owners and not the community but again talk to your solicitor  

johnzx is correct and not enough detail for anyone in here to give any advice and any given will be a guess



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 0      
15 Aug 2016 12:54 PM by acer Star rating. 1537 posts Send private message

Nikon,  you say:

<

The problem is that I do not think the community funds should be used to pay for repairs to individual properties>>

The two are closely connected!  Unless it's already been established, as Tadd1966 suggests, you must decide/agree the basis upon which the building is insured and maintained - either individually or jointly.



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



Like 0      

Pages: Previous | 1 | 2 |

Post reply    Start new thread


Previous Threads

Agents fees on a rental - 1 posts
Gardener needed in the Santiago De La Ribera area - 2 posts
Utility bills - 5 posts
UK Bankruptcy effects in Spain - 4 posts
Bus timetables from Formentera del segura to Alicante - 2 posts
wanted animal shelter managers - 0 posts
Corvera claims - 1 posts
Closing bank account - 18 posts
to say hello - 2 posts
HOUSE SITTIG - 0 posts
confused - 10 posts
Jean Here.. - 0 posts
Sip Card Problem - 12 posts
Mobile phone provider in Murcia region - 3 posts
Road from Bilbao to Alicante - 5 posts
why do we have to have community rules when the chosen few will not follow them - 23 posts
NIE certificate period of validity. - 1 posts
One-off tenant in propoerty, is it worth it? - 4 posts
Selling property in Spain. - 2 posts
Very sensible petition on Air conditioning requirement in Andalucia tourist properties - 0 posts
New reductions for IHT in Andalucía- July 2016 - 6 posts
La alcaidesa - 1 posts
Legal alicante - 0 posts
Taxis - 9 posts
Suggestion For good Spanish Names for new born baby? - 5 posts

Number of posts in this thread: 26

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x