The Provincial Court of Madrid has confirmed the conviction of a homeowners’ association to indemnify with 49,011.97 euros the company that operated a restaurant located in the building. The establishment had to interrupt its operations due to the damage caused by problems with the building’s facilities and the subsequent repair works.
The ruling rejects the appeal filed by the community against the judgment handed down in March 2025. The compensation includes the harm derived from two periods of closure: one of 47 days due to the works on the shared sanitation network and another of 32 days due to the damage to the slab and the structure of the local ceiling.
The expenses the restaurant had to keep paying
During the periods of inactivity, those responsible for the business had to continue to cover fixed expenses despite not generating income. These included rent for the premises, utilities, contributions to the Social Security, insurance, security services, and other costs necessary to keep the establishment running.
The Audiencia considers that these outlays constitute compensable harm, since the owners had to use their own resources to keep the business in conditions to resume operations once the repairs were completed.
The court understands that these are not expenses that should be excluded merely because the restaurant would also have had them while it was open. During the closures, the titleholders lacked income to cover them and had to assume them from their own assets.
The community had to monitor the condition of the facilities
The judgment also analyzes the community’s responsibility for the deterioration of the building’s common elements. In the first closure, the break in the sanitation network caused dampness and damage that made it necessary to carry out works and keep the restaurant closed.
The Audiencia considers that the age of the building required greater diligence in inspecting and maintaining the community facilities. The deterioration did not occur suddenly, so the community should have checked its condition before it reached the level that caused the damage.
In the second period, the leaks came from private facilities of a home, but they affected the floor slab, a common element of the building. For this reason, the court maintains the community’s liability to the aggrieved business, without prejudice to the fact that it may subsequently claim against the owner responsible for the origin of the leaks.
The ruling thus confirms the compensation of 49,011.97 euros. However, an appeal may still be made to the Supreme Court.