I`m considering a ground floor apartment on a complex. One odd feature is that a substantial section of the waste pipe from the upstairs apartment bathroom is only accessible via a false ceiling in my bathroom. I believe these properties were originally hotel style and access would not have been a problem under the original ownership conditions. As these properties have been empty for some time, it`s reasonable to expect some problems when they are occupied and fully functional. If a sewage leak were to occur in the section running above my bathroom who would be responsible for fixing it ?
Definitely something to ask a lawyer, I'd say. I doubt anyone here has experience of that sort of problem.
We had a problem with the kitchen sink waste pipe form the upstairs apartment flooding into our apartment. As their waste pipe runs through our wall - we were told that it was our problem - it was in our wall. Not sure how the argument would go with a ceiling as that can be classed as under their floor as well as above our ceiling.
Isn't that the point of Horizontal Property Law? I was told that you own the infrastructure jointly with everyone on the Community. Your Registration document identifies your percentage liability.
I'm no lawyer, but I think this a Community issue, as drains are part of the common infrastructure in an apartment block.
Thank's for all the replies - all very valid & helpful. espc, Archer for a reference to Horizontal Property Law- must look it up !! Is the registration document provided by the Community or elsewhere? It would seem , hopefully, this issue has some legal historic references which could be called upon if necessary. I would imagine that if either owner's insurance initially paid out (to prevent further damage) the Insurance Company would be in a better position to claim against the community under whatever communal issues could be legally enforced.
The registration docs were provided when you went to the Notary, then your lawyer sends you an update when your property was successfully Registered. You can request a copy of the Registration document for any property by going to the online Regidores and paying 9.95euro.
Also, everytime you get a Communidad statement it should identify each owners' percentage, along with their monthly fee liability. It may not simply be 100% divided by the number of units, as some may have different size units.
There are so many properties available. I would recommend not buying a place that has a potential problem. Keep it simple. :)