Generali Community (Comunidades) Insurance Policy Conditions (English Translation)

Information Clause ↑ top

This clause fulfils the insurer's duty to inform under Article 96.1 of Law 20/2015 and Article 122 of Royal Decree 1060/2015. Insurer: GENERALI España de Seguros y Reaseguros S.A., registered office Pl. de Manuel Gómez-Moreno 5, 28020 Madrid (NIF A48037642; Madrid Mercantile Registry, sheet M-377257). Supervisor: the Directorate-General for Insurance and Pension Funds (DGSFP). Complaints: Generali's Claims & Complaints Service (Pl. de Manuel Gómez-Moreno 5, 28020 Madrid; reclamaciones.es@generali.com) resolves within two months; you may then escalate to the DGSFP (Paseo de la Castellana 44, 28046 Madrid) or go to the courts. Applicable law: Law 50/1980 on Insurance Contracts, Law 20/2015 and RD 1060/2015.

Key concepts & definitions ↑ top

Terms used throughout the policy:

• Policyholder (Tomador): the community of owners (or person) that takes out and pays for the insurance.
• Insured (Asegurado): the owner of the insured interest — the community and, for their private elements, the individual owners.
• Building / structure (Continente): the main construction and everything permanently fixed to it — foundations, walls, roofs, floors, fixed installations (water, electricity, heating, lifts), and fixed fittings of the common and private areas.
• Contents (Contenido): the movable property of the community located in the building (furniture and equipment of the common areas).
• Common zones (Zonas comunes): the parts of the building used jointly by all owners — entrance hall, stairs, lift, roof, façade, communal gardens, pool, machine rooms, etc.
• Private zones (Zonas privativas): the individual dwellings, offices or premises owned separately within the building.
• Minor works (Obras menores): conservation or repair works that do not affect the building's structure and do not require a major works licence.
• Replacement value as new (Valor de reposición a nuevo): the cost of rebuilding or replacing the property with one of the same type, without deducting for age or wear.
• First-loss (Primer riesgo): cover up to a stated amount, without applying the underinsurance (proportional) rule.
• Excess (Franquicia): the amount of each claim borne by the Insured, where stated in the Particular Conditions.
• Claim / loss event (Siniestro): any event whose consequences are wholly or partly covered by the policy.
• Third party (Tercero): any person other than the Insured, its employees and the co-owners (for liability purposes).

Article 1 — Object of the insurance & territorial scope ↑ top

Within the limits set in the General and Particular Conditions, the insurance guarantees the indemnities due to the Insured for the destruction, deterioration or disappearance of the insured property, and the provision of the services described in Articles 2 to 9 — but only for the guarantees expressly contracted in your Particular Conditions. Guarantees not taken out release Generali from any obligation in respect of them. In addition to the general exclusions in Article 10, each guarantee has its own specific exclusions, shown under the heading “What is not covered…?”.

Territorial scope: the guarantees apply only to the insured building at the location stated in the Particular Conditions, within Spanish territory. Indemnities and expenses are paid in Spain and in euros.

Article 2 — Basic building cover ↑ top

1. Fire & other damage

Up to 100% of the sums insured for Building and Contents, this covers direct material damage from:

• Fire, explosion, implosion and lightning strike.
• Smoke and soot from fires, or from sudden abnormal leaks from combustion, heating or cooking appliances properly connected to flues or smoke-extraction ducts.
• Impacts from outside: collision of land vehicles (and goods they carry); falling aircraft/spacecraft and parts; sonic waves; falling trees, poles, streetlamps or installations belonging to third parties; rockfalls and avalanches.
• Electrical damage to the community's electrical installations and appliances from abnormal current, short circuit, electric arc, mains over-voltage or lightning induction.
• Leakage from fire-extinguishing installations (water or other extinguishing agent) in the insured or neighbouring building.
• Spillage of liquids other than water from the accidental bursting or overflow of tanks forming part of the building.

Not covered includes, among others: objects falling singly into a fire or smoker accidents without flame; damage to electrical installations, fixed machinery and appliances from their own functioning; explosions from substances not used for ordinary domestic services; everyday smoke/soot and air pollution; impact by the Insured's own vehicles/trees; electrical damage to bulbs and light fittings, to provisional or non-compliant installations, and to appliances over 12 years old; and the replacement of the spilled liquid or repair of the tank that held it.

2. Total ruin from third-party works

Up to 100% of the sums insured (with a 10% sublimit for the technical-direction fees of the rebuild), this covers material damage caused by works carried out by third parties on neighbouring properties, or public works in adjacent streets or the subsoil. It acts in excess of, or in the absence of, the ten-year construction guarantee, and runs on for up to 12 months after the policy ends for works carried out during the policy that were unknown to the Insured at expiry. It covers only damage that causes the total ruin of the building.

3. Weather phenomena

Up to 100% of the sums insured, this covers direct material damage from:

• Rain over 40 litres/m² per hour, wind gusts over 80 km/h, and hail or snow of any intensity (measured at the nearest official meteorological station; failing reliable data, the loss adjuster may accept the intensity where there is widespread damage to other solid buildings within a 5 km radius).
• Leaks and filtration of rain, hail or snow through roofs, terraces and exterior walls (repair of the cause itself is excluded).
• Flood from rainfall (as above), overflow of channels/ditches/streams, or the bursting of septic tanks, sewers and similar public underground conduits.

Not covered: Consorcio events; lack of maintenance; frost, cold, waves or tides; water/snow entering through openings left open or defectively closed; condensation/absorption damp; the direct action of river water leaving its course or dam bursts; falling of the Insured's own trees due to poor condition; and damage to trees, plants and lawn (see the optional Garden reconstruction cover).

Article 3 — Cover for the common areas ↑ top

1. Water damage from common pipes

This guarantee can be taken with or without an excess. Up to 100% of the sums insured, it covers water damage from the bursting, breaking, overflow or blockage of common pipes, tanks or connected appliances; taps and stopcocks left open or failing; and non-weather filtration through walls and ceilings from common-pipe leaks (repair of the cause is excluded). It also includes:

• Leak location — up to 100% of the Building sum: the materials and labour to locate the cause of a covered escape.
• Repair — up to €1,500 per claim to repair the pipe that caused the loss. Where generalised, previously unknown corrosion is found, Generali's obligation is limited to repairing the section that caused the loss, up to €300.
• Urgent plumbing without damage — up to €250 per insurance year for emergency repair of common water installations causing accidental leaks that do not yet damage property.
• Unblocking (desatasco) — up to the amount in the Particular Conditions, with a limit of €500 per action, to clear common waste-water drains.

Not covered: known/evident corrosion; weather water (unless channelled or stored); freezing (see Frost damage, Art. 5); water in mobile tanks; public underground conduits, septic tanks and sewers; damage during construction/repair works; condensation/absorption damp; replacement of the taps/valves/appliances that caused the damage; and tank refilling or excess water consumption.

2. Breakage in the common areas

Up to 100% of the relevant sum insured (with the per-piece limit in the Particular Conditions), this covers accidental cracking or shattering of properly installed elements in the common areas: glass in doors, windows, skylights and domes and wall mirrors; methacrylate and similar glass substitutes; sanitary china (basins, WCs, bidets, shower trays, baths, sinks and washtubs); marble, granite and artificial-stone worktops fixed to the building; and solar-panel glass. It also covers glass/mirrors of partitions and furniture, framed mirrors and furniture worktops forming part of the common contents.

Not covered: scratches, chips and surface defects; unfixed glass; movable containers, crockery, lamps and bulbs; screens of image/computer equipment; damage during works, decoration or moving; floor/wall/ceiling marble; taps and fittings affected by a sanitary-ware replacement; and solar-panel mechanisms.

3. Theft & vandalism in the common areas

• Theft of the common building — up to 100% of the Building sum: damage and loss of fixed common elements from theft or attempted theft, including entrance doors to the dwellings, offices and premises, and doors to private annexes (the latter limited to €200 per door and €1,000 per claim).
• Theft of contents — up to 100% of the Contents sum.
• Petty theft (hurto) inside the building — up to €200 per insurance year.
• Embezzlement of community funds — up to €3,000 per insurance year for the misappropriation of community funds by the president or a board member entrusted with managing them.
• Vandalism — up to 100% of the sums insured for malicious damage by persons who do not live in or use the building.

Not covered: events not reported to the police; mere loss or mislaying; theft where the declared security measures were absent (or, if present but not activated, an equity rule reduces the payout); theft/vandalism in buildings without doors/windows or in notorious abandonment; graffiti and fly-posting on exterior elements; acts by tenants/occupants; and riot/popular tumult (Consorcio).

Article 4 — Consequential-damage cover ↑ top

1. Demolition, salvage & other costs

Up to 10% of the sums insured, the costs arising from a covered claim: fire-brigade intervention; emergency measures to limit the loss (including refilling extinguishers used); mud removal; demolition, clearance and debris removal; salvage of insured property; and replacement of the community's public documents.

2. Temporary uninhabitability

• Alternative dwelling/premises — up to 10% of the combined Building + Contents sums: the rent of a similar nearby property while the insured one is totally unusable, until minimum living conditions are restored (maximum one year), plus the minimum water, electricity, gas and landline charges you must keep paying. For second residences, limited to the proven expected occupation period and only where the main home is more than 100 km away.
• Hotel & extraordinary costs — up to €300 per dwelling per day, maximum 10 days, with a €30,000 per-claim limit: hotel, board and laundry for the household while the home is uninhabitable.

3. Loss of rent

Up to 10% of the combined Building + Contents sums, the loss of rent on a dwelling or premises let under a tenancy in force on the day of the loss, for the time needed to repair covered damage (maximum one year). For furnished lets, only the property rent counts (60% of a combined figure where rent and furniture are priced together).

4. Aesthetic restoration of the common building

Up to the amount in the Particular Conditions, the cost of restoring the prior aesthetic composition of normally-visible enclosed common areas (hall, stairs, meeting/recreation rooms, concierge) broken by a covered claim — limited to the same construction unit and floor, using materials of similar characteristics and quality, and conditioned on the restoration actually being carried out. It excludes roofs, façades, pools, sports/recreation installations, gardens, fences and other exterior elements, and the interior of storerooms or machine rooms not normally on view.

Article 5 — Additional common-area cover (“Comunidad Exclusiva”) ↑ top

The enhanced “Comunidad Exclusiva” tier, where contracted, adds:

• Frost damage — up to a first-loss limit of €5,000 per claim for damage from the bursting of common pipes and tanks due to freezing, even where no water-escape damage follows.
• Heat damage — up to 100% of the Contents sum for damage from the accidental, sudden action of a heat source on nearby objects (not in direct contact).
• Other breakages — cracking/shattering of non-china sanitary ware, stained-glass windows, and large planters (at least 50 cm at their widest).
• Urgent-plumbing extension — up to €1,000 per insurance year, in excess of the €250 basic urgent-plumbing limit.
• Excess water consumption, aesthetic restoration of sanitary ware and common furniture, theft of furniture in communal gardens/patios/terraces, employee infidelity, garden reconstruction and breakdown of fixed machinery — up to the limits shown in the Particular Conditions.

Article 6 — Cover for the private areas ↑ top

Where contracted, the policy extends protection to the owners' private elements:

• Water damage from private pipes — covers damage from leaks in the private water installations, with leak location and repair, up to the limits in the Particular Conditions.
• Breakage of exterior private glass — up to 100% (with the per-piece limit) for the accidental breakage of the private elements' exterior glass.
• Aesthetic restoration of the private building — up to the contracted limit, to restore the aesthetic composition of a private element broken by a covered claim.

These private-area guarantees act alongside, or in excess of, any individual home-insurance policy each owner may hold.

Article 7 — Civil liability ↑ top

1. Community civil liability

Up to the sum insured for Civil Liability per year and the per-victim limit in the Particular Conditions, this covers the indemnities the Insured must pay to third parties for extra-contractual liability for material and/or personal damage (and directly consequent economic loss) arising from ownership of the insured Building and Contents, namely:

• Common-property liability — fire, explosion and implosion; the use of the building and the actions of owners and staff (gardening, maintenance, security); lifts, goods-lifts and escalators meeting current regulations; minor works (subsidiary to the contractor's liability); falling building elements or trees belonging to the property; and shared common zones, in proportion to the undivided share.
• Liability for water escape from common pipes.
• Liability of the president, vice-president and board members for actions in their (non-professional) community roles. The professional liability of the administrator, lawyer or procurador is excluded.
• Employer's liability for injuries to community employees where the civil courts find liability over and above the compulsory work-accident insurance.

2. Liability for private pipes (optional)

Up to the per-claim limit in the Particular Conditions, third-party damage from accidental, sudden water escapes originating in private pipes, taps, stopcocks, fixed tanks and connected appliances.

3. Legal defence & bonds

Within the Civil Liability sum and up to a partial limit of €150,000, Generali undertakes the Insured's defence against claims arising from covered liability events (even unfounded ones), appointing lawyers and procuradors. The Insured must cooperate and must not admit liability or settle without Generali's consent. If a conflict of interest arises, the Insured may choose their own lawyer (costs then limited to €6,000). Generali also constitutes, up to €150,000, the bonds imposed in criminal proceedings for negligence (never for wilful crimes) to secure civil liabilities or provisional liberty.

Liability exclusions include, among others: other buildings; any industrial, commercial or professional activity in the building; contractual liability; material damage to the insured Building/Contents; lifts without a maintenance contract or legal inspections; risks requiring compulsory insurance; explosives; known, unrepaired defects; non-minor works; motor vehicles and trailers; vessels and aircraft; theft of vehicles or their contents in the building's garages; third-party goods in the Insured's custody; family members of staff; intentional breaches of regulations; aluminosis, asbestos and decennial (ten-year) construction liability; employer's liability for occupational diseases; undeclared/unregistered employees and Social-Security penalties; soil/water/air contamination and noise/electromagnetic/radiation pollution; and any pure economic loss not resulting from material or personal damage.

Article 8 — Legal defence (Defensa jurídica) ↑ top

This guarantee (managed by the specialist Europ Assistance) protects the community's legal interests through amicable, administrative, judicial or arbitral procedures, where contracted. It covers up to €6,000 per claim for court fees and costs, lawyer's fees, procurador's fees, notary costs, expert fees and criminal bonds. The Insured has free choice of lawyer and procurador (with fees capped at the relevant Bar association's guideline scale); cover applies to events in Spain falling to the Spanish courts; actions prescribe after two years; and there is a €300 minimum litigation amount. It includes:

• Telephone legal advice on Spanish law relating to the insured risk (9am–7pm, Monday–Friday; 24-hour response; verbal only).
• Rights relating to the building, annexes, common elements and parking — claims over easements, light, views, distances, boundaries and party walls; nuisance from smoke/gas, hygiene, persistent noise and harmful or dangerous activities; non-contractual damage caused by third parties to community staff, common elements and community furniture; and requiring a third party to repair the source of recurring covered damage.
• Service contracts — claims for breach of contracts for private security, cleaning, repair/maintenance of common elements (including lifts), installation work, qualified professionals, administrators and community supplies.
• Purchase of movable goods — disputes over the purchase of decoration and furniture for the community (excluding antiques).
• Municipal administrative defence — defence in municipal administrative proceedings (the administrative procedure only, not the contentious-administrative court; any fine is borne by the Insured).
• Claims against owners for unpaid community fees — amicable or judicial recovery from owners in arrears (the claim must be validly agreed in the owners' meeting and the debtor solvent). Where a debt of at least six months is claimed judicially, Generali advances up to €600 per debtor, repayable once recovered.

Not covered: supply contracts (water/gas/electricity/phone); claims for damage to vehicles, vessels or animals; matters relating to the building's design, construction or demolition; owners' own vehicles; industrial/commercial activities in the risk; disputes between community members (except the unpaid-fees cover); urbanism and expropriation; claims declared more than two years after the policy ends; deliberate acts; claims by the policyholder against the insurer; events outside Spain; litigation under €300; and fines and taxes.

Article 9 — Services & assistance ↑ top

1. Building assistance

• Repairs after a claim — up to each affected guarantee's limit, Generali arranges the repair of covered damage through its own professionals, where the Insured asks and the nature of the damage allows.
• Urgent interventions — up to two hours' labour plus call-out, the prompt despatch of an urgent plumber (to restore the communal water supply), electrician (communal electricity), glazier (broken glass posing danger or exposure), locksmith (the building's main entrance door) or intercom technician. The Insured pays only for excess hours and materials not covered elsewhere.
• Connection service — for non-covered repairs or maintenance/refurbishment works, Generali connects the community with its network of professionals (the work and its costs are then for the community's account).
• Security personnel — where a covered claim leaves the building unprotected and easily accessible, on-site security personnel for up to 48 hours.

2. “Comunidad Exclusiva” assistance

In addition, a maintenance-help service: up to 2 services per insurance year and 3 hours per service for small repairs and maintenance in bricklaying, plumbing, painting, locksmithing or electrics (call-out and up to €25 of fixing/sealing/paint materials included). The policy must be at least 3 months old.

3. Pest control

Up to one service per year (two visits), specialist control of cockroach and rodent infestations originating in the building's interior common areas — including an intervention visit, a control visit, a report and a service certificate. The first visit takes place within 48 hours. Pests in private dwellings/storerooms/premises and in gardens or exterior areas are not included.

Article 10 — General exclusions (all guarantees) ↑ top

In addition to each guarantee's specific exclusions, the policy does not cover:

• Guarantees not expressly included in the Particular Conditions, or risks not defined in (or expressly excluded by) these conditions.
• Losses from the wilful misconduct, gross negligence or complicity of the Insured, its employees, the co-owners or their household (except as expressly stated for Embezzlement of funds and Employee infidelity).
• War, invasion, foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorism, and confiscation, nationalisation or requisition by any authority.
• Volcanic eruptions, hurricanes, cyclones, earthquakes, tsunamis, sea surges, river flooding, capillarity, water-table rise, and ground collapse, settlement, subsidence or landslide.
• Fermentation, oxidation, design error, inherent vice, or a known construction/manufacturing defect.
• Inexcusable negligence and the lack or defective execution of necessary maintenance/repairs.
• Radioactive decontamination, contamination, pollution or corrosion, and nuclear/ionising-radiation damage.
• Damage from carrying on a commercial, industrial or professional activity.
• Damage during repair, remodelling or reconstruction works (works classed as minor and not carried out by paid third parties are not treated as such).
• Events covered by, or rejected by, the Consorcio de Compensación de Seguros, and nationally-declared catastrophes (see Art. 11).
• Expropriation, confiscation, nationalisation or requisition by any authority.
• Software and computer programs in general.
• Losses occurring before the policy's effective date or after expiry (except the 12-month run-off for third-party claims), indirect losses not expressly insured, damage to property away from the declared location, and fines and penalties of any kind.

Article 11 — Extraordinary risks (Consorcio de Compensación de Seguros) ↑ top

As required by the Consorcio's legal statute (Royal Legislative Decree 7/2004), losses from extraordinary events occurring in Spain are indemnified by the public Consorcio de Compensación de Seguros, funded by a surcharge collected with your premium, when the event is not covered by this policy or the insurer cannot meet its obligations. Covered extraordinary events include:

• Natural phenomena: earthquakes and tsunamis; extraordinary floods (including sea surges); volcanic eruptions; atypical cyclonic storm (including extraordinary winds with gusts over 120 km/h, and tornadoes); and the fall of meteorites and celestial bodies.
• Violent events from terrorism, rebellion, sedition, riot and popular tumult.
• Acts of the Armed Forces or the Security Forces in peacetime.

Natural events are certified by AEMET, the National Geographic Institute and other competent bodies. The clause sets out excluded risks (for example, damage from the mere action of time, pre-existing defects, and a seven-day waiting period from the policy's effective date) in line with the Extraordinary Risks Regulation (RD 300/2004).

Article 12 — Claims valuation & indemnity ↑ top

As a general rule, the Building and Contents are valued at their replacement value as new, without deductions for age, obsolescence or wear. They are instead valued at actual (depreciated) value where: the property is not rebuilt or replaced; the building is over 50 years old (unless its general and private pipes, roofs and façades were fully renewed in the last 50 years and it has protected electrics); or goods are in poor condition or are obsolete/useless. Cash is evidenced by bank statements, and expenses by invoices. The Insured must prove that missing items existed before the loss (the policy is only a presumption in their favour where other proof cannot reasonably be provided). Where the sum insured is lower than the property's value, the proportional (underinsurance) rule may reduce the indemnity proportionately, unless an automatic-revaluation or first-loss basis applies.

Article 13 — Contract terms ↑ top

Article 13 sets out the standard contract rules under Law 50/1980: the policy is based on the proposal and the Insured's declarations (inaccuracies can reduce or void cover); the premium must be paid when due (non-payment can suspend cover one month after the due date); the policy runs for the period stated and renews automatically unless cancelled with the required notice; the Insured must notify any aggravation or reduction of the risk; claims must be notified within seven days; and the insurer is subrogated to the Insured's rights against third parties. Disputes may be brought before the courts of the Insured's domicile in Spain.