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ASk the Administrator: Waterproof the roof

Good afternoon.  After a period of rains, we found that the top terrace of our block needs some repairs.  However, we are not sure of who is the responsible as the terrace is used by one neighbour but it belongs to the community. 

Hans S.

Administrator:  Juan López

Good afternoon.  First of all, it is not the same the top terrace and a common area to be isolated such as the roof.  The top terraces can be used exclusively by one owner because they are considered as common elements of destiny.

In addition, the roofs where the community equipment are located, air con units, etc, will not be used privately by the owners.  These areas are common elements of use and service.  So, this is the reason why the top terrace cannot be used as private terrace by one neighbour.

Therefore, while the damages  are caused due to the poor condition of the membrane (and no terraces), which ensures waterproofing of building, and it is located under the floor of the terrace that serves as the roof of the building, this determines its common nature.  This means one of the essential elements of the community of owners , so the repair constitutes an obligation of the community.

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