Buying a property with communal issues

[djk99]

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  ?

[SheilaW]

Definitely something to ask a lawyer, I'd say. I doubt anyone here has experience of that sort of problem.

[lionfish]

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.

[Archer]

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.

[djk99]

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.

[Archer]

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.

[fifi]

There are so many properties available. I would recommend not buying a place that has a potential problem. Keep it simple.