Add NewsWork in 
The Provincial Court of Cantabria has condemned a community of owners to correctly repair the roof of a building after considering it proven that incidents continued to occur. water leaks in a neighbor’s storage room due to an ineffective repair. The court concludes that the repairs carried out did not solve the problem and that the ingress of humidity persisted, forcing definitive action to be taken on the origin of the damage.
According to the ruling of March 10, 2026, the owner of the storage room reported the continued appearance of humidity caused by leaks from the roof, a common element of the building. Although the community maintained that it had already carried out repair work, the affected party provided expert reports that showed that the problem not only persisted, but that the solutions applied were ineffective.
Miguel Fernández, property manager: “Many owners believe that with the community’s permission they can close the terrace. Mistake!”
The hidden bill of renting a tourist apartment in summer: they can increase up to 20% plus the community fee
The Court of First Instance no. However, the owner appealed the decision when she understood that the origin of the problem had not been solved.
The community must repair the cover when it is proven that the leaks continue after the repair
The Provincial Court of Cantabria reviewed the assessment of the evidence and concluded that the leaks were still active, based on the expert reports provided before and after the repair. These indicated that the cause of the humidity was the poor waterproofing of the roof and that the interventions carried out presented serious technical deficiencies, being classified as solutions without constructive rigor.
The court rejected the arguments of the neighborhood community that the humidity in the storage room was due to ventilation problems or the remains of old leaks, considering that the levels detected evidenced the existence of current leaks. Likewise, he ruled out that a future general repair of the roof would be sufficient, pointing out that the owner was entitled to an immediate solution, even if the community had agreed to address this repair in the future.
From a legal point of view, the Court based its decision on article 10 of the Horizontal Property Law, which obliges the community to carry out the necessary works for the proper maintenance and conservation of the property, guaranteeing its habitability. Likewise, it applied liability for damages derived from common elements in accordance with article 1910 of the Civil Code, which establishes the obligation to respond for damages caused by the state of the buildings.
Consequently, the court fully upheld the neighbor’s appeal and ordered the community to repair the roof to permanently eliminate the leaks, as well as to assume responsibility for the damage caused to the storage room. However, the sentence was not final and an appeal can be filed against it before the Supreme Court.