Please find set out below, the Insurance Protocol for the Condado Community:
Owners’ responsibility:
Owners are responsible to maintain the private area to their property, any damage caused by poor maintenance is the owners sole responsibility as well as for any potential damage caused to other properties.
Definition of private Area: Area used by only one property as established in the property title deeds and reflected in the registration note.
1. Pipes: all pipes in your property until they reach the communal pipes that connect more than one property
2. Private stairs and terraces:
Naranjos and Jardines: The area from the gate into the upstairs property, The staircases from the first floor to the roof terrace and the roof terrace.
The Penthouses, Mirador and La Isla: The private terrace
Definition community area: The broad definition is that they are area used by more than one property. The Community Statutes of the different levels define all common areas.
Any insurance will NOT cover damage caused by poor maintenance. It is the owner’s responsibility to ensure that all private areas are maintained properly.
We remind you that all problems or claims should be sent to seguro@condadoalhama.com These will be dealt with in English or Spanish. Please continue to copy this email in any communication with the insurance company to ensure that our administrator remains copied in any replies you receive from the insurers.
The community strongly recommend that all owners have private contents and building insurance as pipes and other private areas in your home are not covered by the community insurance.
Please find below the agreed insurance protocol:
1. PRIVATE CLAIMS CAUSED BY NEIGHBOURS
- It is highly recommended that all neighbours affected inform their private insurances.
In the event of damage to a property due to leaks from another apartment, the owner is responsible with his private insurance for the repair of the source and the damaged property, according to article 9.b of the Horizontal Property Law, also including private staircases and terraces.
“The obligations of each owner are:
a) To respect the general installations of the community and other common elements, whether they are for general use or for the private use of any of the owners, whether or not they are included in their flat or premises, making proper use of them and avoiding at all times any damage or deterioration.
b) To maintain their own flat or premises and private installations in a good state of repair, in terms that do not harm the community or the other owners, making good any damage caused by their own carelessness or that of the persons for whom they are responsible.”
The owner is obliged to inform the community about the damage if it is affected by more than one apartment and contact details are needed.
The neighbour who is causing the damage will be contacted so that he can report the damage to his private home insurance.
In the case where the upstairs owner is not responding, the owner with the damaged property has to contact their own insurance. This insurance must put in a formal complaint towards the property which is causing the damage. This is a dispute between the affected owners and has nothing to do with the community. The administrators of the community will assist in contacting owners if needed. If any further action is to be taken (legal action, complaint, etc...) it must be the affected neighbour who must take it, either directly or through their private insurance.
2. DAMAGE CAUSED TO THIRD PARTIES BY THE COMMUNITY
1. The insurance will respond to urgent claims within 3 hours.
2. Other community claims within 48 hours
3. Insurance company must comply with a written report within one week. The report must contain cause of damage, suggestion how to repair the damage, the cost to repair the damage.
The lack of maintenance must be reported to the area maintenance committee/president to be reviewed for repair.
If the damage is caused by lack of maintenance of communal areas, it will be repaired by the community as soon as possible.
3. DAMAGE DUE TO PIPE BURSTING OR PIPES BLOCKAGES
When there is a pipe breakdown from the meter reader into the house, it is the responsibility of the owner to repair of the original cause and other parties affected repairs.
If there is a blockage, the community will call the unblocking company, if the resulting report says that it is private, the owner will pay directly to the company at the time of the unblocking, or the payment will be allocated to the owner who caused the damage. If the breakdown or blockage is in the community downpipes it will be the community insurance and the community who will be responsible for the repair and damages caused.
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