How to solve neighborhood problems and conflicts caused by leaks, dampness and leaks?

A classic problem that Property Administrators are used to manage is the appearance of leaks in the community of neighbors. Whether they are damp stains or leaks, these mishaps represent a great conflict for the neighbors, since it is difficult to know at a glance where they come from and, in many occasions, the neighbors go directly to the owner of the neighboring house instead of communicating the problem to their Property Manager, generating a situation of unnecessary tension that harms the coexistence of the community.

The leakage can occur inside the dwellings, but also in a common area or outside the building, a situation that causes greater confusion and always leads to questions to the Property Manager about the repair costs and doubts as to whether the developer of the building or the community itself is responsible.

In any case, it should be noted that there is no specific legal procedure for these cases. The precedents are confusing, the jurisprudence of each Provincial Court is different, but this is the usual process used by the collegiate Property Administrators to solve the conflicts when humidities appear:

1º Determine the origin of the leaks: The first step is to have a professional perform a technical inspection of the leak or dampness to accredit the origin of the problem. It is always necessary to be guided by a professional before initiating a process that could end up in legal proceedings. The Property Manager needs to be completely sure of where and why the leak started in order to avoid mistakes when determining who should be responsible for fixing the leak.

2º Preparation of a technical report:The accredited specialist must prepare a report that includes, in addition to the cause of the leak, a solution, an estimate of the damage caused by the humidity and an estimate of the costs involved in its repair.

3º Mediation and solution of the conflict: Once both parties review the report, the Property Manager will do everything possible to reach a cordial and mutually agreed solution where the party responsible for the leak is responsible for correcting the damage caused. Only if a fair settlement is not reached would a complaint be filed in court to determine who is responsible.

An emergency repair

It is important to keep in mind that urgency is key in this type of repairs. However, when the parties to the conflict do not reach an agreement, remediation can be delayed for months until it is resolved through the courts, increasing the severity of the leak and its remediation costs.

Fortunately, in the experience of the Administradores de Fincas, these conflicts are usually resolved by mutual agreement, especially when they occur between neighbors. But when the responsibility falls on the insurance of the community or on the developer of the building, these procedures can take longer. For this reason, it is necessary to have a registered Property Administrator who knows the day-to-day business of the sector and the appropriate legal procedures to resolve each conflict.