Who is responsible?

I am the vice president of a gated community with 58 apartments. Outside the gates, we each have bought a garage space for which we all pay a community charge.

Some owners, through oil leaks from their cars, have caused holes in the asphalt, and two owners have large dips due to subsidence.

As the flats are 20 years old we have no comeback on the builders. Who is liable for the damage done by oil leaks and subsidence in the car parking area?

B C (Costa Blanca)

My impression is that your garage spaces are in fact the property of the community, with exclusive use assigned to the individual owners.

Normally, the holders of this use are held liable for the upkeep for such spaces, so this would make the individuals responsible for damage caused by oil leaks from their cars.

The subsidence, however, is structural and liability would probably fall on the community. We urge you to consult a local lawyer in order to make absolutely sure because some community regulations can specify otherwise.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.