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Professional Advice

MILENIUN LEVANTE

Ask the Administrator: Main Drains

Good morning. I am writing because I am owner of a parking place in a building of Murcia in which I have been suffering a problem for a long time and I would like to put solution, since the downspouts of the building do not have sufficient evacuation capacity and when occur heavy rains cause flooding in the same. To fix it you have asked different budgets to specialized companies, but the manager tells us that repair corresponds only to the owners we have garage (not all have it) to be us who We have been suffering the mentioned problem. I’d like to know if the Manager is right, because what I have understood the downspouts are community and, therefore, it should be something that the community as a whole front.

 Laura R.

Administrator:  Juan López

Good morning. We appreciate that you get in touch with us because we think it is a very interesting topic and we believe that we can help you to answer your questions. From our point of view, we understand that the administrator is committing a serious error and is placing them in a situation of vulnerability and disadvantage compared to other owners who must not allow. The problem directly affects landowners that have a garage does not imply, firstly that the responsibility is solely yours and, secondly, that that flood may not affect the structure of the building and, therefore, than the rest neighbors in the long run will also be affected.

En su virtud, como usted bien dice, tanto las bajantes como el garaje es un elemento común y, por tanto, ha de ser la Comunidad en su conjunto quien proceda a la reparación de las bajantes. De hecho, el artículo 10 de la LPH considera que se trata de una obra de reparación obligatoria y que simplemente para hacerse necesitan un requerimiento, bien de la administración, bien de cualquiera de los propietarios.

 

So

  • In the first place advise den transfer of incidence to the safety of the community, since it is possible that they have covered this incident and it can save make any income.
  • Secondly, in the event that the insurance does not cover loss, forward a burofax to the President requesting repair. In the event that they refuse to do so, contact a lawyer.

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