Windows, shutters, shutters and any other element that originates from the construction of a building, being permanently installed in it, is by nature a common element and therefore is the responsibility of the community of owners. So far too easy, for what happens on a day-to-day basis…
The truth is that, although we have said that by nature it is a common element, the use and maintenance correspond to the owner… This means that just as it happens with a drain or drain on a terrace for private use (common case: attic) it is a community element and therefore, that it is watertight and does not wet the neighbor below, it is the responsibility of the community, If finally there is an accident and the downstairs neighbor gets wet, it is the responsibility of the community, unless the community can prove that the drain was clogged due to lack of maintenance, then the responsibility may be transferred to the owner. Well, the same thing happens with a window, shutter or Majorcan window, the use and maintenance corresponds to the owner, so if a window, shutter or Majorcan detaches and falls causing damage to a third party, the damaged party will ask the community for responsibility and this may derive responsibility from the owner, provided that it can demonstrate that there is a lack of maintenance, use, improper handling or any other cause that derives responsibility from the owner.
Now let’s talk about the maintenance and replacement, if any, of these elements. We have said that they are common elements and therefore, the community may decide on maintenance or replacement actions, taken at the owners’ meeting and subject to the Horizontal Property Law. But this is not the most common, the most common is that in the interest of the owner this repair or replacement decision is initiated by the owner and is legitimate and should not pose any problem, provided that it maintains the aesthetics and proportions that the whole of the building.
Normally, window replacements are motivated either by accidents in the home itself or by its reform or energy efficiency, in all these cases the cost will be assumed by the owner of the same, without the possibility of being able to pass on the cost to community.
