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Buildings insurance on a complex - Page 2

GrahamLynn

Posted: Thu Oct 27, 2022 9:47am

GrahamLynn

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Location: El Raso

Joined: 9 Jul 2017

Posted: Thu Oct 27, 2022 9:47am

I’m with all the others  saying back away. 

Your own insurance covers your property. The community insurance covers communal areas.

As far as I am aware you can’t take insurance out against problems that may occur in those communal areas. You are already paying for that insurance as part of your community fees.

If the current community claim is not resolved (or future claims) then unfortunately the community will have to pay for the damage. Depending on the scale of the damage and the number of properties in the community, that could be a hefty increase in community fees. In that scenario you would be paying for damage that happened before you bought your property. Or you could be asked for a  large  one off contribution to repair the damage and as it’s now your property it’s your debt.

Have you asked to see the minutes of the AGM’s since the damage occurred. Even though there will be a couple of years missing because of covid I’m sure the meetings have been full of “healthy debates”. 

Even if you buy the property at a bargain rate, you will still get stung by a hefty tax bill.

Far too many negatives to even consider a purchase.

Lynn

smccarron99

Posted: Thu Oct 27, 2022 9:57am

smccarron99

Original Poster

Posts: 35

5 helpful points

Location: Villamartin

Joined: 20 Jul 2022

Posted: Thu Oct 27, 2022 9:57am

GrahamLynn wrote on Thu Oct 27, 2022 9:47am:

I’m with all the others  saying back away. 

Your own insurance covers your property. The community insurance covers communal areas.

As far as I am aware you can’t take insurance out against problems that may occur in those communal areas. You are already paying for that insurance as part of your community fees.

If the current community claim is not resolved (or future claims) then unfortunately the community will have to pay for the damage. Depending on the scale of the damage and the number of properties in the community, that could be a hefty increase in community fees. In that scenario you would be paying for damage that happened before you bought your property. Or you could be asked for a  large  one off contribution to repair the damage and as it’s now your property it’s your debt.

Have you asked to see the minutes of the AGM’s since the damage occurred. Even though there will be a couple of years missing because of covid I’m sure the meetings have been full of “healthy debates”. 

Even if you buy the property at a bargain rate, you will still get stung by a hefty tax bill.

Far too many negatives to even consider a purchase.

Lynn

Hi thanks for your comments 

What do do you mean stung with a hefty tax bill?

PeterPan

Posted: Thu Oct 27, 2022 10:57am

PeterPan

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Posted: Thu Oct 27, 2022 10:57am

smccarron99 wrote on Thu Oct 27, 2022 9:57am:

Hi thanks for your comments 

What do do you mean stung with a hefty tax bill?

Possibly "Complementary tax" if the Spanish tax people consider that you paid less than their valuation for a property.

http://www.abacotaxes.com/complementary-tax

Kenbo

Posted: Thu Oct 27, 2022 11:16am

Kenbo

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Posted: Thu Oct 27, 2022 11:16am

PeterPan wrote on Thu Oct 27, 2022 10:57am:

Possibly "Complementary tax" if the Spanish tax people consider that you paid less than their valuation for a property.

http://www.abacotaxes.com/complementary-tax

Yes PeterPan

I'm pretty sure that is what ElinSpain would have been referring to.

Ken

smccarron99

Posted: Thu Oct 27, 2022 11:22am

smccarron99

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Location: Villamartin

Joined: 20 Jul 2022

Posted: Thu Oct 27, 2022 11:22am

Kenbo wrote on Thu Oct 27, 2022 8:56am:

Just to add my opinion to the others advising against this purchase.

You have said yourself that the area is already damaged, why would you risk it ? 

As others have also said, please step back and consider the many other places available, who knows, you may find one that's suits you more ?

One thing that does cross my mind, is the property selling at big discount ? By the sounds of the area it would have to be.

Baffled, Ken.

Hi thanks for your comments 

Yes it is selling at a discount but I think we are wandering off my original point,I’m wanting to see the insurance policy which they are withholding from me due to data protection 

 Th

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Swimmer57

Posted: Thu Oct 27, 2022 11:40am

Swimmer57

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Posted: Thu Oct 27, 2022 11:40am

smccarron99 wrote on Thu Oct 27, 2022 11:22am:

Hi thanks for your comments 

Yes it is selling at a discount but I think we are wandering off my original point,I’m wanting to see the insurance policy which they are withholding from me due to data protection 

 Th

Are you using a solicitor? Have they tried to get sight of the insurance policy?

smccarron99

Posted: Thu Oct 27, 2022 11:53am

smccarron99

Original Poster

Posts: 35

5 helpful points

Location: Villamartin

Joined: 20 Jul 2022

Posted: Thu Oct 27, 2022 11:53am

Swimmer57 wrote on Thu Oct 27, 2022 11:40am:

Are you using a solicitor? Have they tried to get sight of the insurance policy?

Yes solicitor is trying to get it but they are refusing citing data protection laws and they say this is very unusual as no one ever asks to see buildings insurance documents? Even my own solicitor is saying that also.

I just see it as due diligence in case of further issues,am I being unreasonable?

  

  

Kimmy11

Posted: Thu Oct 27, 2022 9:31pm

Kimmy11

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Posted: Thu Oct 27, 2022 9:31pm

I don't understand how the administrators can refuse sight of the Communal Insurance policy - as owners of a community property, you would be paying for the insurance via your community fees.  As a prospective owner, I would want proof that the insurance is in place - if it isn't, perhaps that's why it's already taken 5 years without resolution of the original issue.  And perhaps that's the "data" they are trying to protect?  It would be like me going to an insurance agent to buy, say, car insurance - the agent tells me that they've procured insurance for me and how much I have to pay for it, but they're not going to tell me who the insurer is, or the terms of the policy, because of "data protection"!

When you buy home insurance, you will be asked to declare any known issues and whilst subsidence of a communal area may not currently directly affect the property that you're considering, if it should do so in the future, you could find yourself without cover or, as others have suggested, a large, additional contribution to the community to rectify the problem.  I don't understand why the current owner isn't demanding to know on what basis the administrators are using "data protection" as a reason for withholding proof of insurance cover, which potentially is frustrating their ability to sell.  Sorry, but I agree with the "walk away from it" camp - and I'd tell the current owner and your lawyer precisely why you're doing so.  

Kind regards,

Kim

smccarron99

Posted: Thu Oct 27, 2022 10:11pm

smccarron99

Original Poster

Posts: 35

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Location: Villamartin

Joined: 20 Jul 2022

Posted: Thu Oct 27, 2022 10:11pm

Kimmy11 wrote on Thu Oct 27, 2022 9:31pm:

I don't understand how the administrators can refuse sight of the Communal Insurance policy - as owners of a community property, you would be paying for the insurance via your community fees.  As a prospective owner, I would want proof that the insurance is in place - if it isn't, perhaps th...

...at's why it's already taken 5 years without resolution of the original issue.  And perhaps that's the "data" they are trying to protect?  It would be like me going to an insurance agent to buy, say, car insurance - the agent tells me that they've procured insurance for me and how much I have to pay for it, but they're not going to tell me who the insurer is, or the terms of the policy, because of "data protection"!

When you buy home insurance, you will be asked to declare any known issues and whilst subsidence of a communal area may not currently directly affect the property that you're considering, if it should do so in the future, you could find yourself without cover or, as others have suggested, a large, additional contribution to the community to rectify the problem.  I don't understand why the current owner isn't demanding to know on what basis the administrators are using "data protection" as a reason for withholding proof of insurance cover, which potentially is frustrating their ability to sell.  Sorry, but I agree with the "walk away from it" camp - and I'd tell the current owner and your lawyer precisely why you're doing so.  

Kind regards,

Kim

Thankyou for your comments 

  My solicitor is currently pressing the owners solicitor for this documentation.


I have asked for proof that it is in place and up to date and the answer I have been given is that it is illegal not to have community insurance in place.I said well some people do break the law.

I know in the uk when a property for example is flooded a couple of times insurance becomes more difficult to obtain.I’m thinking they may have issues like this and have kept it from the residents possibly?

When you visit the complex you can’t see any issues at all,luckily for us the president of the complex mentioned it to our estate agent when we were viewing unless we would have been non the wiser.

I questioned her later on in the afternoon and she said nothing had happened to the communal areas in the last 5 years and it was 100% safe,but with all due respect it’s not an expert opinion.

Kenbo

Posted: Thu Oct 27, 2022 10:14pm

Kenbo

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Posts: 1022

815 helpful points

Location: La Florida

Joined: 6 Dec 2017

Posted: Thu Oct 27, 2022 10:14pm

Kimmy11 wrote on Thu Oct 27, 2022 9:31pm:

I don't understand how the administrators can refuse sight of the Communal Insurance policy - as owners of a community property, you would be paying for the insurance via your community fees.  As a prospective owner, I would want proof that the insurance is in place - if it isn't, perhaps th...

...at's why it's already taken 5 years without resolution of the original issue.  And perhaps that's the "data" they are trying to protect?  It would be like me going to an insurance agent to buy, say, car insurance - the agent tells me that they've procured insurance for me and how much I have to pay for it, but they're not going to tell me who the insurer is, or the terms of the policy, because of "data protection"!

When you buy home insurance, you will be asked to declare any known issues and whilst subsidence of a communal area may not currently directly affect the property that you're considering, if it should do so in the future, you could find yourself without cover or, as others have suggested, a large, additional contribution to the community to rectify the problem.  I don't understand why the current owner isn't demanding to know on what basis the administrators are using "data protection" as a reason for withholding proof of insurance cover, which potentially is frustrating their ability to sell.  Sorry, but I agree with the "walk away from it" camp - and I'd tell the current owner and your lawyer precisely why you're doing so.  

Kind regards,

Kim

Kim, as always this is the usual comprehensive reply but I don't think that I will be alone in thinking that the OP is going to plough on regardless of any sensible advice.

Ken.

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