Common areas in the community of neighbours: what can and what cannot be done

Welcome to a new blog entry. Once again we focus on the common areas in the community of neighbours and what can and cannot be done in them.

Common areas and conflicts

Probably in your community of owners you will have experienced or witnessed some conflict, regarding the use of the common areas of the community. It is more frequent than it seems and many of the disputes that appear in some community meetings refer to this issue.

Whether it is because a tenant is considered to have made inappropriate use of the communal swimming pool or because someone decided to renovate their terrace without taking into account the overall aesthetics of the building. It turns out that most of the disputes in communities are due to a lack of knowledge about what can and cannot be done in the "common areas".

In order to find the solution to this problem and avoid future conflicts, in this article we will examine in depth the correct use of the common areas of a community of neighbours. Let us begin by defining what is meant by a common area.

What is called a common area in a community?

If we want to know what things we can do in a communal common area and what things are forbidden, let's start by defining the concept itself. The common areas of a building are the structural elements that make up the property, except for the interior of the private dwellings of each tenant. Therefore, we are referring to a series of installations such as terraces, façades, windows and balconies, corridors and common transit areas, the entrance hall and stairways, communal garages, clotheslines and roof terraces, lifts, swimming pools, green and recreational areas, and meter enclosures, to mention only the most common ones.

What does the law say about the use of common areas?

To find out the answer to this question, we must look at what the Horizontal Property Law says on this subject. In its text it is specified that "the right to the enjoyment of the common areas of a building by a resident ends at the boundary marked by respect for the other owners and tenants".

In addition, to support this opinion, we can refer to the Civil Code, which, in its Article 394 specifies that "each co-participant may use the common things, provided that he disposes of them according to their purpose and in such a way as not to prejudice the interest of the community, nor prevent the co-participants from using them according to their right".

On the other hand, Article 396 of the same Civil Code states that "different dwellings or premises that make up a building may have elements that can be enjoyed more or less independently by a single owner because they have their own access to a common element of the building or to the public road".

In conclusion

In view of what the law says, we can conclude that every tenant or owner has the right to the use and enjoyment of the common areas. As long as this is not abused, and that this use is not to the detriment of the rights of the rest of the neighbours.

Furthermore, in the particular case expressed by Article 396, the exclusive use of a common area by one of the neighbours or a part of the total community, must be permitted and approved at a meeting of the owners' meeting, in the first instance, and legalised in writing, explicitly and accurately, in the Real Estate Registry.

Delimiting the rights and obligations of neighbours

Having clarified the issue, let's go a little deeper into the matter. So far, we have quoted what the law says, but we have not seen what are the specific rights and obligations that every resident of the community has and what are the responsibilities regarding the use of the common areas.

Regarding rights, any neighbour may use the common areas, provided that it does not affect the right of other owners to use them.

Similarly, you have the right to request that maintenance work be carried out on them. This can be for the purpose of conservation, as well as requesting that additional facilities (energy, communications, etc.) be updated.

You can also request the contracting of communal services as well as raise the option of leasing premises and common spaces. Obviously, any such request must be raised and approved at a meeting of the board of owners by the required quorum.

Owners must comply with the standard

In addition to rights of use, owners must also comply with regulations and fulfil certain obligations. These are to respect and take care of the common facilities of the building and to allow renovations and repairs to be carried out in their own home, as long as these have a positive impact on the rest of the building. In the event of improper use of the common areas, the owners are also accountable to the community.

When in doubt, common sense

We hope that this article has helped you to clarify your doubts about what you can and cannot do in the common areas. Most of the problematic situations between neighbours are caused by a lack of knowledge of this issue, which is very common in most communities.

When in doubt, let us use common sense. Let us not forget that, at the end of the day, the most important thing in a neighbourhood is that there is harmony and understanding between all those living together. And in those situations where reason is conspicuous by its absence, the law will prevail over any subjective opinion.

In order to cope with these more conflictive and complicated situations, remember that Meridional Team has at your disposal a team of professional experts in the management of homeowners' associations. If in doubt, contact us. We will be happy to help you to solve any problem that may arise in your community of owners.