Standing of the community
The community of owners (Spanish Horizontal Property Act 49/1960 LPH and CC where applicable) may sue the developer when defects affect common elements. Required:
- Owners' meeting resolution authorising the president to claim.
- Identification of defect and responsible agent.
- Technical survey quantifying repair.
Typical common defects
- Pool: cracks, water loss, waterproofing failure, badly sized pumps.
- Garage: groundwater leaks, insufficient ventilation, cracked floor.
- Lift: repeated failures, accessibility non-compliance, excessive noise.
- Façade: detachments, damp stains, poor adherence of cladding.
- Roof: generalised leaks, insulation problems.
- General installations: over- or under-sized electrical panels, leaking plumbing.
- Fire safety / evacuation: non-compliance with fire regulations.
Procedure
- Detection and extraordinary meeting to resolve to claim.
- Technical survey commissioned by the community.
- Pre-litigation letter to developer and other agents.
- Court claim under LOE + contractual actions.
- Enforcement / triggering of decennial insurance if applicable.
Dual track: community + individual owners
Some defects affect both the community and an individual owner (façade damp entering the unit). Both standings are compatible.
Frequently asked questions
Can the community refuse to claim?
If a meeting resolution decides so, yes. But dissenting owners can challenge the resolution (LPH art. 18) as contrary to common interests.
Who pays the survey?
The community. If successful, recovered as costs and expenses.
How long does it take?
Similar to individual cases: 12-24 months with first instance + possible appeal. Good news: judgments on common defects tend to be very concrete and favourable if the survey is well done.