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Professional Advice

Pregunta al Administrador de Fincas: Reparaciones en terraza ¿Privativo o comunitario?

Hello. In my terrace there have been some damages of filtration, and to be an element of private use I am not sure who has the obligation to repair, if the community or myself as owner. I look forward to hearing from you.

 Jan O.

Administrator.  Juan López

Good morning. The determining factor in resolving who should pay  the cost of repairs, is not about the ownership, private or common of the terrace, but the nature of the service to be carried out, in such a way that, whether they are ordinary or normal, conservation or use, they correspond to the users of the terrace, and if they are extraordinary and the item to be repaired was fulfilling structural function for the common benefit, everyone must contribute to pay for that repair and, therefore, will be in charge of the community. What is relevant is, therefore, if the damage from the terrace is in the proprietary or common element, and, in any case, in order to be enforceable to the owner using the terrace exclusively, the community must confirm that such damages are due to fraudulent or negligent action.

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