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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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I live on a complex. Repairs were needed to an external staircase(approx.

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I live on a complex. Repairs were needed to an external staircase(approx. 7,000 euros). Builders were "found" in a local bar by a senior committee member and he (not the full committee we are told) asked them to do the job. While they were working the staircase collapsed and we are now told a derrama is needed to cover the 50,000 euros repair cost.
There was no building licence, no contract, and no check on PI insurance.
Should there have been an Obra Menores? Should apartment owners have to pay approx. 800 euros each for the incompetence of others?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
In no way you have to pay the negligence of somebody alse
Is correct that the president of the comunity has the right to proced with small works for emergency causes
I think is not matter now if he do it properly or not, mat be not, but the case is that somebody contracted to do the job was negligence and according to the law has to have a civil responsability risk insurance
If he has not the insurance is his problem not yours
So, threat the president to sue him if he does not sue the contrated person
So, the matter for the comunity is not to pay the derrma, is to pay the attorney to sue this person, or even the president who contract him and allowed to proceed with permission of the city hall
In the other hand, check your home insurance becuase you prabably have right to get an atorney to sue them for free
I will be glad to help you further if needed
Thank you
Customer: replied 1 year ago.
Thank you for your reply. Just one thing to clarify. You say"allowed to proceed with permission of city hall" - do you mean "without permission of city hall"? In other words should there have been an Obra Menores?
Expert:  José M. replied 1 year ago.
Hi there, even to move a brick in Spain requieres an autorithation from the city hall
The president should know that and is his responsability to ask for before they start
The comunity could get a fine If allow they start without it
So, in your case, president is out of law and you do not have to pay for the negligences of them
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