Is it normal for the communal areas of a new residential development to be so deteriorated?

How to claim for damage to the communal areas of a homeowners’ association.

If you bought your home in a new-build building or residential development, and you now see that the communal areas are unduly deteriorated such a short time after the building was completed and handed over, you do not have to put up with that damage.

We are not referring to misuse or vandalism, but to premature ageing of the materials installed in the communal areas, which can be judged simply by common sense: that is, elements that are broken, rusted, fallen, detached or jammed, or flooring that is shedding material as if it were many years old; all without any violent or negligent action by the owners, wherever it occurs, whether in stairwells, recreational areas, the roof terrace, garages, the swimming pool, installations or storage rooms, etc., and not due to the passage of a long period of time or a lack of maintenance, but to poor workmanship, poor design or poor-quality materials.

If so, do not let it slide, because time is running and the right to claim may become time-barred. Inform the homeowners’ association through the President or the property administrator. Bear in mind that, ultimately, any owner has standing to act for the benefit of the homeowners’ association. It is also quite likely that, if there are widespread defects in the communal areas, there will also be defects in the private elements (the homes). If several owners join together to claim, it will cost them much less.

Ask for our advice. DPcon Reclamación daños constructivos is a firm of specialist architects and lawyers working throughout Spain. Together we prepare an expert report on the damage, bring a court claim and obtain repairs or compensation for the damage to your communal areas. If the case is very viable, we will not turn it down even if the homeowners’ association lacks the funds to take it on, as we can reach some kind of financial arrangement. Find out more.