If you have problems in your community of owners -spills, leaks, parking spaces, cleaning, storage rooms, security, noise, odors…- you can resolve them in our office. Send your questions to the email [email protected].
Here you have the answers given today by our expert Patricia Briones, lawyer of the College of Property Administrators of Madrid.
Remove insurance and put cameras
ASK Our community has insurance that covers damages that neighbors may cause in common areas. A neighbor has proposed eliminating it and has suggested that cameras be installed to, in this way, denounce uncivils who do something wrong and have them bear the costs of the hypothetical damage.
Can this be done? Can a community do without that insurance? Can the community prosecute a neighbor if he has caused damage? Alvaro.
EXPERT’S RESPONSE As a general rule, it is not mandatory (although it is advisable) for buildings to have insurance except in the autonomous communities of Madrid and Valencia, where it is mandatory for residential buildings to have insurance against the risk of fire and damage. to third parties.
Consequently, this type of coverage is not mandatory even in Madrid and Valencia as it exceeds the mandatory coverage.
Therefore, if an owner causes damage to common areas of the garage, he or she must pay for the repair; Failing that, the community may claim it before the courts.
Document with administrators
ASK Is there any document that brings together property administrators in Spain? We want to change the one we have and choose another one, but we don’t have much information about this. Isabel.
EXPERT’S RESPONSE To do this, you can contact the territorial association of the district in which the community of owners is located.
Private terrace
ASK There is a huge climbing plant in the community garden that goes up the façade but enters my terrace. Can I cut the branches that pass through my private terrace? A.C.
EXPERT’S RESPONSE In this regard, art. 592 of the Civil Code states the following: “If the branches of some trees extend over a property, gardens or neighboring patios, the owner of these will have the right to demand that they be cut as soon as they extend over his property and, if the roots of neighboring trees that extend into another’s land, the owner of the land into which they are introduced may cut them down himself within his estate.
Consequently, you can demand that the adjoining community proceed to prune the branches so that they extend over your terrace.