Horizontal Law Community Buiding Insurance

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17 Feb 2010 00:00 by nigel188 Star rating in Estepona. 619 posts Send private message

I have a enclosed Patio in an apartment block on an urbanisation and the roof is leaking.The water has seaped into the apartment below.Am I covered under the Community Building Insurance.I should  mention that the  Urbanisation was built 30 years ago.

Many Thanks for any help on this matter.



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Nigel




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18 Feb 2010 06:07 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

 Building insurances are for 10 years. The Community of owners need to have an insurance for damages now.



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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18 Feb 2010 17:26 by Roberto Star rating in Torremolinos. 4493 posts Send private message

Roberto´s avatar

The simple answer is, if the leaking roof is communal property, the community insurance should cover it. But your query is a little confusing. Where is the leak coming from? Is it from an apartment above yours? Is your patio actually a terrace? - part of your property that you have closed in? Is your property leaking into that below you? A little more info might help, but ultimately, most insurance companies will send an inspector out to assess the situation, and will then tell you whether or not they cover it. You could ask your president or administrator to contact the community insurance company if you feel they should cover it.



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"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




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23 Feb 2010 14:42 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

Roberto: as always.... an excellent answer!

Yes, the most iportant thing in your case is to verify of the element causing the damage is of commun or individual ownership. A surveyor and a legal look to the Horizontal division deeds might be needed if it is not clear.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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