When does the owners' association's insurance pay for water damage?

Question

José Manuel Alburquerque · Accepted Answer

When the water comes from a common part, such as a downpipe, a rising main, the roof or the façade. The owners' association has to maintain those parts and is liable for the damage they cause to the common areas and to the flats, which is normally paid for by its insurance. If the water comes from a neighbour's private plumbing, that neighbour is liable. Some owners' association policies also insure the walls, ceilings and floors of all the flats. In that case they may pay even if the fault is in private pipework. Common or private The downpipes and the main water supply and drainage pipes up to the point where they enter each home are common parts, as are the roof and the façade. The courts usually regard the main downpipe as common even if it runs through a flat. The branch pipe serving a single home, together with its appliances and taps, is usually regarded as private. Many owners' association policies set the boundary at the stopcock or the meter of each home. That definition tells you what the policy covers but, in principle, it does not change what the owners' association owes, as it is liable out of its own funds for whatever the insurance does not cover. In Catalonia, common terraces and roofs for the exclusive use of one owner are maintained by that owner, for example by cleaning the drain. Repairs for construction or structural defects are the responsibility of the owners' association, unless the damage results from misuse or poor maintenance. How to claim Tell the managing agent or the chair straight away so that the fault can be repaired and the owners' association's insurer notified of the claim. For the damage to your home, you can claim directly against the owners' association's insurer yourself, without waiting for the general meeting. Enclose photos, the report from the technician who located the fault and repair quotes. If you have home insurance with water damage cover, notify your own insurance company of the claim as well. It can pay you and then claim from the owners' association's insurer. If the owners' association has no insurance or its insurer does not pay, it is still liable out of its own funds. If those are not enough, the owners are liable in proportion to their share in the building.