AGM 2016
DOCUMENTNO 2 – ROB WISE REPORT
At the time of the AGM 2015 agreed repair works to solve water leakage into the garages had been completed but the formal discontinuation of the court case had not been achieved. The outstanding issue was our belief that one of the four patios cited as needing to be repaired was not in fact causing leaks. Water testing proved this and the patio was removed from the court action.
I am pleased to report therefore that discontinuation of the court case was achieved earlier this year so there is no longer a legal responsibility on our community or individual owners.
The guarantee period for the completed repair works is due to expire on 31 May 2017.
In terms of expenditure the situation remains as reported last year –resolution of the fifteen year dispute and the court case (including all technical and legal fees) was achieved at a cost of 245€ for each owner.
Repairs and the associated costs to three patios was the responsibility of the individual owners although our community had a legal obligation to complete this works in the event of default by any them. We had to fulfil that legal obligation by instigating and paying for repairs to one of the patios – the cost being 2,886 € – otherwise it would not have been possible to discontinue the court case and our community would have risked being in contempt of court. The owner in question refuses to reimburse the community for this expenditure so our only recourse has been to lodge the debt with the court to recover the money and place a legal charge on the property.
The GC Surveyor’s Report which identified the repair works to be carried out also confirmed that at the time of the report (2012) there was no evidence of any loss of structural integrity as a result of the water damage over many years but recommended this should be monitored in the future.
It has been agreed by both communities therefore that a structural review will be carried out in early 2017 and at intervals in the future as recommended by professional advice. The costs for structural reviews will be split 50/50 between our community and the garage community – any necessary future repair costs will be split 78/22 as the Escritura.
On that basis and the fact that to date there is no record of any structural damage to properties over the garages we have made a full declaration of the situation in negotiating a new Insurance Policy with AXA which represents the best ‘blanket’ cover it is possible to obtain for ALL owners.
Our community policy is now in place and the Garage Community policy will be renewed in November using exactly the same criteria and AXA agent to ensure as far as possible there are no discrepancies between the two policies.
