Safeguarding Your Cuenca Seasonal Home: A Broker & Lawyer’s Guide to Maintenance & Legal Due Diligence

Your Seasonal Home Maintenance Checklist for Cuenca

This checklist should be executed before any extended absence and immediately upon your return. Think of it as a biannual ritual aligned with Cuenca's wet and dry seasons.

1. Exterior: The First Line of Defense

• Roof Inspection:

  • What to check: Look for cracked, slipped, or missing tejas (terracotta tiles), debris accumulation, and moss growth. Meticulously inspect the flashing around chimneys, skylights, and vents, as this is a primary failure point.
  • Why it's critical: A compromised roof is a direct path for water intrusion, leading to hidden structural rot, ceiling damage, and costly repairs.
  • Expert Insight: Understand your property's legal structure. For an independent house (propiedad independiente), roof maintenance is entirely your responsibility. If you're in an apartment or condo complex (propiedad horizontal), the roof is a common element. Your maintenance obligation is fulfilled by staying current on your HOA fees (alícuotas), but you must actively ensure the building administration is performing these checks.

• Gutters and Downspouts (Canales y Bajantes):

  • What to check: Clear all leaves, volcanic ash, and other debris. Confirm downspouts discharge water at least two meters away from the foundation. Clogged gutters are a primary cause of facade and foundation water damage.
  • Why it's critical: During a Cuencano downpour, an overwhelmed gutter system will pour water directly against your foundation walls, leading to seepage and potential structural compromise.

• Exterior Walls and Paint:

  • What to check: Identify and seal any cracks, especially hairline fractures in stucco. Check for peeling paint or efflorescence (white, salty deposits), which indicates moisture is moving through the wall.
  • Why it's critical: Sealed walls prevent "damp creep," which can lead to interior mold that is difficult and expensive to remediate.

• Windows and Doors:

  • What to check: Verify the integrity of all seals and caulking. Ensure locking mechanisms are functional and robust. Wood frames should be checked for softness or signs of rot.
  • Why it's critical: Intact seals prevent drafts and water intrusion. Secure locks are your primary defense against unauthorized entry.

2. Interior: Protecting Your Living Space

• Plumbing System:

  • What to check:
    • Upon departure: Shut off the main water valve (llave de paso). Drain the system by opening all faucets.
    • Upon return: Open the main valve slowly. Check for leaks under every sink, behind toilets, and at the connections for your water heater, which is likely a calefón (on-demand gas heater). The pilot light and ventilation of a calefón require special attention.
  • Why it's critical: An undetected leak over several months can cause catastrophic damage, collapsing ceilings and ruining floors.

• Electrical System:

  • What to check:
    • Upon departure: Unplug all non-essential electronics. Consider turning off all breakers except for those powering security systems or a refrigerator (if left running).
    • Upon return: Test all outlets, switches, and ground-fault circuit interrupter (GFCI) outlets.
  • Why it's critical: Ecuador's power grid can experience surges. Protecting your appliances is crucial.

• Dampness and Mold (Humedad y Moho):

  • What to check: Pay close attention to closets, lower kitchen cabinets, and bathrooms. Look for musty smells or visible discoloration on walls.
  • Why it's critical: Mold is a serious health concern and a clear sign of a water intrusion or ventilation problem that must be addressed at its source.

3. Appliances and Landscaping

• Refrigerator/Freezer:

  • Upon departure: Empty, clean with a vinegar solution to inhibit mold, and prop the doors open. Place a box of baking soda inside. A common mistake is simply unplugging it and closing the doors, which creates a perfect environment for mold.

• Yard and Drainage:

  • What to check: Arrange for regular landscape maintenance. Overgrown vegetation is a security risk and can damage your home's exterior. Crucially, ensure all ground slopes away from your foundation and that any drains are clear of debris.

A Lawyer's Due Diligence Checklist: Beyond the Physical

Maintenance protects your property's physical health; due diligence protects its legal and financial health. This is non-negotiable.

• Title and Lien Verification: Before you even close on a property, and periodically if you have concerns, we must pull a Certificado de Gravamen from the Registro de la Propiedad (Property Registry). This is the single most important document in any transaction. It is an official certificate that confirms the property is free of liens, mortgages, lawsuits, and any other legal encumbrances. Never accept an old one; it must be issued within 30 days of the closing.

• Municipal Standing and Tax Compliance: You must have a clear Certificado de No Adeudar al Municipio. This document proves that your property taxes (impuestos prediales) and any special assessment fees are fully paid. Delinquent taxes become a lien on your property.

• Understanding Transfer and Capital Gains Taxes:

  • Alcabalas (Property Transfer Tax): When you buy, you pay this tax. In Azuay province, this is approximately 1% of the municipal valuation (avalúo catastral) of the property, not necessarily the sales price.
  • Plusvalía (Capital Gains Tax): When you sell, you are subject to this tax on your profit. It's a progressive tax, and importantly for expats, the calculation is based on a formula that includes the time you've owned the property. Selling within the first few years can result in a higher effective tax rate. This must be factored into your financial planning.

• HOA Compliance (Junta de Propietarios): If in a condo, you must obtain a certificate from the building administrator confirming you have no outstanding HOA fees. A debt to the HOA can, in some cases, act as a lien and complicate a future sale.

⚠️ Broker's Legal Warning: The Unregistered Construction Veto

The most dangerous and costly risk I see for foreign buyers is unregistered construction. A previous owner builds a new room, adds a second story, or even just encloses a patio without obtaining municipal permits and updating the property records.

The result? The property described in your legal deed (Escritura Pública) does not match the physical reality. This creates a severe title defect. When you try to sell, the buyer's due diligence will uncover this discrepancy, causing the transaction to collapse. Correcting it involves hiring an architect, submitting new plans for municipal approval (planos aprobados), paying fines, and going through a lengthy, expensive legal process to update your deed.

Your Veto Power: During due diligence, we will compare the registered municipal plans and the property description in the Escritura against the actual physical structure. Any significant, unregistered discrepancy is an immediate and non-negotiable deal-breaker unless the seller remedies it completely before closing.

Conclusion: Peace of Mind Through Professional Diligence

Owning a seasonal home in Cuenca is an enriching experience. Protecting that investment requires a dual strategy: diligent physical upkeep and unwavering legal and financial oversight. The specifics of Ecuadorian law and local conditions demand expert guidance. An ounce of prevention, guided by professional experience, is the best insurance you can have.

Ready to ensure your Cuenca property is legally sound and physically secure? Schedule a property risk consultation with me. Let’s protect your investment the right way.