How to make a denuncia

[samnickgodber]

Hi guys i have a problem that i´m hoping you guys can help me with,
Heres the story,

The guy above us has a leaky terrace, which has caused damage to our ceiling, we reported this to him some 5 mths ago and all he had to say was that w should claim on our insurance for the damage, to which the hubby replied why when its your property damaging ours and nothing was resolved, so the ceiling got left as it was, and the guy went back to Ireland as he only comes over here now an again,
In February we noticed that it was getting worse so we went to the community to speak them about it and they said theres not much they can do apart from write a letter to the guy informing him that he needs to get his terrace repaired andour ceiling, we heard nothing back, we then went back to the community around a month ago informing them that we had heard nothing from him so they wrote another letter to him,
In the mean time our ceiling was looking terrible and as the apartment is on the market we took photos and got the damage repaired ourselves,

The guy has come over again and the hubby went upstairs to speak to the guy and to show him the photos and all the guy had to say was you´ve had it repaired now so theres no problem, to which the hubby said yes there is your terrace needs mending and you need to pay for the work we´ve had done and the guy basically said to get lost,

So we are now going to denounce him for the damage to our property and also would like to know how we report him for hoilday letting when this is a residential complex to which i might add that the community are also aware that he holiday lets but are not bothered,

So my question is can we do it in English or do we need a Spanish speaking person also where to denounce him for the damage and for the holiday letting too,

Any info would be great

[deepdivejunkie]

Did you get your insurance company involved, as that could carry more weight, and make it more official?

[samnickgodber]

No we didn´t as we think it should be HIS insurance that had to sort it, as its HIS property that is damaging OURS,

[junglejim]

Surely your administrator should be involved as it´s part of his duties to effect emergency repairs and keep property in good order?
Article 10 & 20 of Law of Horizontal Properties
http://www.hestria.es/LPHE.pdf
There is also a number 902 102 112 where you can make a denuncia in English - they then translate it but the person making it must go to the nearest "Spanish" police station in person to collect it and sign it.

Just to add - our community agreed at AGM that such circumstances would be progressed by community and if owner didn´t do repairs then community would forcibly do the repairs and take the owner to court -I have the same issue, upstairs from me when it rains ,being pursued .

[Angusjim]

No we didn´t as we think it should be HIS insurance that had to sort it, as its HIS property that is damaging OURS,

But if you claim on your own having paid you out they will gladly either chase him or his insurers for the money.
Would this not maybe be covered by the complexes buildings insurance ?

Thats why I always use insurance brokers for insurance cover good brokers would deal with things like this as part of their service

[deepdivejunkie]

Yes, but your property should be covered for damage by third parties. The insurance company will look at the damage to your property and should claim the money back from insurers of the person above, and make sure cause of any problem is put right. Let them sort it out on your behalf, thats why you have insurance.

[samnickgodber]

We are not too concerned about the costs being paid back to us as it wasn´t too much, however we want him to get his terrace fixed or the problem is just going to return,

[junglejim]

If you stay on a community then your immediate issue is with the Administrator and President to carry out their duties !
Get a copy of the community statutes and LOHP ,read them then show the appropriate rules to them and threaten them with a denuncia too !

[Simon-M]

If you stay on a community then your immediate issue is with the Administrator and President to carry out their duties !
Get a copy of the community statutes and LOHP ,read them then show the appropriate rules to them and threaten them with a denuncia too !

If you denounce the community you are denouncing yourself.

[chifleta]

No we didn´t as we think it should be HIS insurance that had to sort it, as its HIS property that is damaging OURS,

I think normally your insurance company would contact his insurance company... I have a feeling that's how it works.... my neighbours laundry room leaked down to our apartment ... luckily he re-grouted, problem solved... but he did say if that didn't work then get my insurance company to contact his, so tht they would send a professional in to sort it out ....

[samnickgodber]

Hubby has just spoken to the community again and he told them about the community statues and LOHP and he said this is for complaint against the community involving community property and the guys terrace is not community also that the guy above has been to see them and has asked them to inform us that he wants a official report stating that its his terrace damaging our ceiling? It can´t be anything else as hs the only one above us as the properties step back on each other meaning that our terrace is over someones lounge and his terrace is over ours gggrrrrrr

[chifleta]

Hubby has just spoken to the community again and he told them about the community statues and LOHP and he said this is for complaint against the community involving community property and the guys terrace is not community also that the guy above has been to see them and has asked them to inform us that he wants a official report stating that its his terrace damaging our ceiling? It can´t be anything else as hs the only one above us as the properties step back on each other meaning that our terrace is over someones lounge and his terrace is over ours gggrrrrrr

so unfortunately as you've repaired initial damage, you'll probably have to wait for the water damage to come through again, and then contact your house insurance company and leave it their hands .....

[samnickgodber]

The prob is that the guy knew about this damage 5 months ago and did nothing about it and as the place is on the market we had to get it repaired

[junglejim]

Hubby has just spoken to the community again and he told them about the community statues and LOHP and he said this is for complaint against the community involving community property and the guys terrace is not community also that the guy above has been to see them and has asked them to inform us that he wants a official report stating that its his terrace damaging our ceiling? It can´t be anything else as hs the only one above us as the properties step back on each other meaning that our terrace is over someones lounge and his terrace is over ours gggrrrrrr

Absolute nonsense all property on the community is community property !The Administrator has a duty to reapir anything that is damaging your property - I gave you a link to LOHP - read the sections - get a copy of your community statutes and I bet it refers the same way- don´t let them fob you off-do you have Technicos on you community staff? - They can assess the likely cause of damage, they probably have equipment to do so .