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February 2015

Pregunta al Administrador: ¿Por qué hay tantos Presidentes?

Leslie R.

I have completed my new apartment in Spain.  I managed to get information about how laws work in your country and learnt something about Community of Owners and the comittee.  I read that the comittee is compossed by the President and the Administrator and secretary.  But in mine there is one President per a number of apartments. Is that legal?

Administrator: Juan López

Dear Leslie


Firstly, congratulations for your interest in previous learning.  By the way, in order to understand the legal texts, it is always better to have proffesional guidance.  I am pretty sure that your Adminsitrator would have clarified this issue and may have brought some important documents that would have lighted your questions. I guess, you had no oportunity to have  look on it yet.  Furthers to your comments, your property is in a grouping of communities.  If there are more than one presidents in fact, that is because there are more than one community.  But also, apart from the Horizontal Propiertors Law, there is the obligatory statute (Estatutos de la comunidad).  In it, you will read about the organization and internal rules of your community.  Finally, I would like to add for clarification, that there is also the Vicepresident.  Depending on the case,  the comittee can be also completed by other members called vocals.

Foro seguro de hogar: cuota proporcional de la Comunidad

Samuel V.

I have a flat in an apartment building insured with the company Mapfre, but the Community of owners does not have a building insurance.

We had a problem the other day with the general downspouts of the building and the Community proceeded to its reparation, but now they are claiming to each owner the proportional fees of the amount of the invoice paid by them.

I wonder if I can claim against my home insurance to compensate me for the proportional fees of the Community

Thank You

Moderator, Sergio Sanguino

Dear Samuel,

Within your Home Insurance policy you are covered when the house is part of a community of owners, of the proportional fees of the Community corresponding to the insured based on your percentage of ownership.

That is, you must pay a part of the invoice corresponding to the coefficient of participation of your house in the Community, and your Insurance Co. will pay this amount if the claim does not incurs in the exclusions of the policy.

Kind regards.

Foro seguro de hogar: Sobreseguro

Teresa H.

Hello, I live in villa in a residential complex and I have a home insurance contracted with the Company recommended by my bank, compulsory for the mortgage.

The Insurance is made with capital for Rebuilding and Contents recommended by the bank, because I do not recall them asking anything about it.

Now I had a claim due to the strong wind, from which we have suffered various damages to the roof and facade of the house.

We have no problem with the Insurance Company that will take over the incident, but when the assessor came to my house, he indicates that I have an overinsurance for 220,000 euros because 150,000 euros would be enough.

My question is: given the fact that these years I have been paying a higher premium that I should, and that my rebuilding is also higher, am I not allowed then to a greater compensation?

Many thanks and kind regards.

Moderator, Sergio Sanguino

Dear Teresa,

Indeed the situation where you are is usual in the policies that are made with Insurers who work for banks and are subscribe for payment of mortgages.

Your status is granted by the Insurance Contract Act and is referred to Overinsurance when the figure to insure your risk is superior to its current value.

But in relation to your compensation you should note that the existence of Overinsurance does not determine greater benefits so the Insurance Co. should compensate you only for the damage caused.

However, since there is Overinsurance you can claim against the Insurance Co. to refund you the excess premium you have been paying for the time that has been Overinsured updating at the same time the real value.

Kind regards.