Who pays for terrace? Living in a shared community in Spain

Question:
Are community terraces the whole responsibility of the community? The terraces, according to the original builder, are the responsibility of the community, but several of the houses have a shared terrace and other properties have their own small terrace area. I believe the community is only responsible for the tiled roof area but not the terrace walls. Several of the owners have paid for maintenance of the terrace area out of their own pockets but other owners claim the community should pay.
T.H. (Costa Blanca)

Answer:
The rule is this: Anything outside the walls of the structure belongs to the community. In an apartment building, this means the terraces and balconies. In a row of townhouses, it means the terraces or individual garden areas. This is why an owner must ask the community to vote permission to glass in his balcony. He is granted exclusive use of the space but he does not own it. Who should pay for upkeep? The most usual practise is for the individual owners to pay for upkeep as they have exclusive use of the space. Discuss it at the AGM.

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