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Professional Advice

ASK THE ADMINISTRATOR: Why insurance do we need in our community?

Why insurance do we need in our community?

Hi, we live in a community of 11 detached houses.  Every house has its own dwelling.

Also, there are common gardens, swimmingpool. paddel and tennis pitchies.

Recently, I was appointed as president and I am not very sure if we are obliged to contract an insurance for the community, providing future accidents could happen in the common areas.

Thank you for your advice

A. Marconi

Administrator: Juan López

Thank you for your question.

It is nothingin the HorizontalPropiertors Law.  However, there are two Autonmus Communities (Regions) in Spain, whose local goverment implemented specfic laws about insurences in communities:

  • In Madrid, it is in art.24 of the Law Madrid 2/1999,  17th of march, as part of the Chapter treating about Stipulations for the Buildings.  The law states that every building shall be ensured for Fire and Public Liability;  otherwise, there will be serious legal consequences.

With regards to your case, although the Horizontal Propiertors Law is not obliging, but it is ruled by Madrid Gov. and the community shall at least have a FIre and PL insurance

The houses will probably have their own insurances, including F& PL.

Therefore, we recommend you to take at least, a Fire and PL insurance for the common areas and depending on the urbaniuzation, you can also consider to include the equipments and have them covered.

Kind regrads

Ask the Administrator: Who is the responsible when there are filtrations from the terraze?


One of the neighbours has a leak in his private terrace.  When raining he has water coming in in his appartment.  I am right under him and I also suffer from this problem coming from his terrace.

Who has to fix this : the community or the owner of the private terrace.

Thank you


Administrador:  Juan López

If the issue is regarding lack of maintenance of the terrace, such as regrouting, the membrane was punched  installing an awning, etc the repair is responsibility of the owner.   However, If the issue has to do with structural damages, deterioration of the junction joins or lack of membrane, then this is up to the community.

Ask the Administrator: How big does the majority has to be?


how big does the majority has to be when in the owners meeting is voted for extra budget for repairing .

How big does the majority has to be when in the owners meeting is voted for extra budget to take the builder and the architect to court.

Looking forward for your answer.


Administrator:  Juan López

Good afternoon

As we would need more details about the works to be done, the answer to your first question is as follows:

Except for: needs for habitability, safety, etc.. or elimination of barriers for disable people or new telecom. services;  other works shall have 3/5 of votes which shall mean 3/5 of coefficients.  If the fee is more than three monthly fees, the owners are not obliged, but they can choose not to have right to use the improvement.

However, to take the builder and architect to the ocurts, you will need simple majority

Kind regards

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