If you have problems in your Community of owners -spills, leaks, parking spaces, cleaning, storage rooms, security, noise, odors…- you can solve them in our office. Send your questions to the email [email protected].
Here are the answers given today by our expert Patricia Briones, lawyer from the College of Property Administrators of Madrid
Improper use of storage room
ASK In my building there are 26 storage rooms, one per neighbor, plus a storage room 27 that, in theory, belongs to the community. In reality it is a kind of room that is quite large and I have proposed that it could be a kind of parking for the neighbors’ bicycles.
But the reality is that the president of the board uses it as an extension of his storage room to accumulate his things and odds and ends. How can we make the use common or for something consensual (I don’t know, celebrating birthdays, meetings, even the annual meeting that we are now holding in a place for which we pay, etc…). Can we convert it into a room to store bikes? What requirements would be needed or would have to be met? Thank you. Isabel PC
EXPERT’S RESPONSE As it is a common element, the board can approve an internal regime rule that regulates not only that the space is not used almost exclusively by one owner but, as it does not have a specific purpose beyond the mere storage of belongings, It is agreed that it will be used for other purposes, including those raised in your query.
Building inspection
ASK I live in an urbanization of 120 homes that was handed over to us in 2020. Despite the youth of the property, I have seen that cracks have appeared in the structure. Can we complain in some way to the construction company to fix it and compensate us? From what time do you have to pass the technical building inspection? Who pays for that inspection and who should pay for hypothetical fixes to those cracks: the developer, the construction company or the neighbors? Is there insurance that covers this? I look forward to your response and, in advance, thank you. FC S
EXPERT’S RESPONSE The LOE regulates the deadlines within which the community can claim the intervening agents. A good technical report is essential that determines what type of damage the building is suffering because based on this we can make a claim within one period or another. If it is confirmed that it is structural damage, the period to claim its repair is 10 years.
What if I’m not convinced?
ASK I have an apartment for rent and the neighbor upstairs has wet the kitchen ceiling due to a leak from the washing machine that is next to the sink. The neighbor does not have home insurance and has offered to paint the roof himself. What should I do? Should I allow it? Is this situation normal? Should I require you to take out home insurance? What if he doesn’t convince me how he leaves the roof? I don’t know how to act. I need his advice. I.B.
EXPERT’S RESPONSE Home insurance is not mandatory, although it is highly recommended to hire it for accidents of any type that may occur in our home or to deal with damages caused to third parties, as is the case.
If the neighbor who caused the damage has offered to paint the ceiling, you must at least record this in writing, without this implying your unconditional agreement but subject to the result being optimal.
