Structural Issue

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29 Dec 2022 6:36 PM by RogerMetcalfe Star rating. 1 posts Send private message

Hi All. We completed the purchase in October of a 3 bed semi detached house in Almeria as part of a community of 130 properties. 2 of the larger tower blocks have major structural issues. Block 1 has an insurance settlement paid of 500k but they are 100k short on funds to fix the subsidence issues. Block 2 nay have a similar issue which is under structural review. We are being asked as residents to contribute the shortfall for block 1. Is this legally sound and if we refuse what measures are open to the community against non payers. The complex is circa 16 years old and I have no access to the blocks in question which are privately owned. My solicitor did not provide confirmation of any issues or advice on liability when we purchased in October. Thank you 

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29 Dec 2022 8:05 PM by acer Star rating. 1531 posts Send private message

I imagine this must be a ghastly situation for everyone - particularly the owners in the two tower blocks.

The suggestion that everyone must/should contribute seems odd, but not not unique.  You need to check the deeds rapidly, which of course that is crucial. 

It is not unheard of to have a "joint & several" liability clause in the sales contract/leases for blocks of flats, but that would be highly unlikely, closely defined and any liability would not usually extend beyond that of the flat owners.

As far as you are concerned I really cannot see any basis upon which you have any responsibility to contribute.  This seems a bit far fetched, perhaps wishful thinking by the flat owners?  But there might be ramifications to you for the indirect consequences of the problem, perhaps your solicitors is remiss in not advising you of the situation - but that's par for the course in Spain.




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

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