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A court in Spain's Cantabria has settled a conflict between residents in a block of flats and the community of owners after water started leaking into a flat from the home above it. It was coming from the uncovered terrace that serves as the roof of the building. The damage was valued at 4,284 euros and the controversy arose as it was unclear whether the owner of the property or the community of owners was responsible for repairs.
The affected parties complained that the damp appeared in the living-dining room of their flat which is located just below the terrace. In their complaint, they included an expert report which states that the leaks were due to the poor state of repair of the roofing felt, "whose useful life has expired".
They also stated that the owner of the upper floor had carried out maintenance work "by grouting the tiles and sealing the joints with the vertical walls", although this was insufficient to stop the leaks.
Now, the provincial court of Cantabria has ordered the community of owners to assume the cost of the repairs, as well as pay compensation for the damage caused. It has exempted the owner of the flat that caused the leaks from any liability, as the floor of his terrace acted as the roof of the block, based on a clause in the bylaws that obliged the owners to maintain and repair the terraces for private use.
The claim had been dismissed by a court in Laredo, which ruled that repairs were the responsibility of the owner. However, in the ruling of the Provincial Court of Cantabria, the magistrates argue that the terraces in turn serve as a roof and if the leak that causes the damp is due to the poor state of the structure or floor slab, or the waterproofing and that "it is the responsibility of the community to assume the cost of the repair and the compensation for the damages caused by the defect or deterioration".
The court ruling concluded that as the leaks were due to the poor state of the waterproofing, and not to poor maintenance or negligence on the part of the owner, the obligation to repair and compensate for the damage caused lies with the community of owners.
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