13 Apr 2020 5:24 PM:
Just to clear up a few problems regaurding terraces in Spain.
The terrace is owned by the owner of the property.
However it regulated by the Community. Owners cannot do whatever they like with or on their terrace, example would be TV dishes if this is disallowed,
here on Mijas Costa this is disallowed by the Town Hall, or painting the terrace a different colour from the community colours)
Regarding the leak from the OP the general rule is that there is provision that if the terrace has been poorly maintained then any leak into the property below is the responsibility of the owner above. Some communities use the rule that if the membrane on the terrace (under the tiling) is damaged then it is without doubt the responsibility of that owner, insurance companies also use this rule, this would probably be why the insurance company refused the claim .
KNOW YOUR RULES!
Hope you get the leak reolved soon.
Best wishes
This message was last edited by CostaBlade on 14/04/2020.
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