Spanish Court Ruling: Who Pays for Leaky Private Terraces?

Spanish Court Rules: Community Liable for Private Terrace Leaks A recent ruling by a Spanish court has clarified the responsibilities of homeowners' associations regarding the maintenance of private terraces that serve as building roofs. The ruling, which has significant implications for thousands of apartment owners across Spain, states that the community is responsible for the repair of leaks and water damage to the waterproofing of such terraces. "Even if the terrace is private, if it acts as the building's roof, the community must pay for the repairs," explains lawyer Xavi Abat in a recent viral video. Abat emphasizes that this responsibility applies unless the damage is directly caused by the negligence or misuse of the terrace by the individual owner. The ruling addresses a common point of contention in Spanish apartment buildings. Many buildings have private terraces that are an integral part of the roof system. Previously, the responsibility for repairs was often unclear, leading to disputes between individual owners and their communities. This ruling provides much-needed clarification and guidance. The ruling is expected to lead to increased awareness among property owners and communities in Spain. It also highlights the importance of clear communication and shared responsibility in maintaining communal spaces.