How to improve the use of common spaces in your community

Hello and welcome to a new article that we hope will be of interest. Today we are going to talk about how to improve the use of some of the common spaces in your community of neighbours. 

Sooner or later, all communities are faced with the problem of how to maximise the use of the common spaces in the complex and since Southern we want to contribute some ideas. 

How to improve the use of common spaces in your building?

The most important thing is to define what is to be understood as common space in a building and what activities are possible and compatible there.

Common areas versus private spaces  

A community of owners is one that is built on land subject to horizontal property. In it we can find communal and private areas. 

In this specific type of property, as envisaged in the Article 396 of the Civil CodeIn the case of each individual plot (flat, commercial premises, storage room, parking space, ...) and the co-ownership, with the other owners of flats or premises, of the remaining elements, belongings and common services.  

 the sole and exclusive right of ownership over a sufficiently delimited and independently usable space, with the architectural elements and facilities of all kinds, which are located within its boundaries and serve exclusively the owner.

Article 396 of the Civil Code

As defined in article 3 of the Horizontal Property Law?

The private areas are the exclusive property of their owners, who have the right to use and enjoy them and may transfer them to other persons. Each and every one of them is expressly described in the deed of horizontal division.  

Common elements are those which, by their nature or purpose, are necessary for the use and enjoyment of the building in general and of its specific elements in particular. Although they may be described in the title deed, anything not described in the title deed as a private element is presumed to be a common element. They belong to all or part of the owners. They include:  

• Flats, garages, premises... that do not belong to a single owner, but to all of them (the doorman's house, for example).  

• Structural elements, including: floor, foundations, roof, pillars, beams, load-bearing walls, façade, etc. 

• Common areas: the entrance of the building, corridors, stairways, walls, courtyard... 

• Other elements: lifts, heating system, drainage pipes and ducts, water supply, electrical installation, TV aerials, etc. 

What kind of conflicts exist in the common spaces of a community of neighbours?

• Extralimitation repeated in these areas. The communal areas are designed to be enjoyed, but this does not mean that they are misused by hoarding them. The example that is continually observed is the excessive invitations of visitors to the communal swimming pool.
• Extra space. Using part of a common area for a particular extension of the space. This is often the case in terraces, gardens or roof terraces.
• Outdoor parking area or garage within the building. In these cases, free areas may be left free to help improve vehicle movements and never to accommodate another vehicle or a storage area.
• The misuse of common areas. Using these spaces as dumps, rubbish dumps and then not collecting the rubble or waste and leaving them in a deteriorated state.
• Air conditioning machines. Installing an air conditioner on the façade, putting up an awning or enclosing a terrace without the authorisation of the community. The external aesthetics The decision is taken at a meeting and must be kept. 

How can these conflicts between neighbours be resolved?

The majority of these unsupportive uses and abuses are not legislation as acceptable or valid. It is necessary to adopt measures by the whole community at meetings to reach agreements on what behaviours can and cannot be tolerated.

Here the role of the property manager is essential. As soon as you are notified of irregularities in the use of the common areas by neighbours, you must convene a meeting of the residents. extraordinary meeting or to include it in the minutes of the next ordinary meeting. In this case, the administrator is positioned in the role of mediator, listening to all parties and taking into account their experience and common sense in order to find the right solution for each conflict before going elsewhere.

If these infractions continue to be committed by the offending neighbour and he/she continues to misbehave, a legal action can be brought by the community of neighbours or by those neighbours affected.

The community is responsible for the common areas and parts of the building.  

The community is responsible for the common elements. It is the owners' association that must take care of the correct maintenance of the building and its infrastructure. This obliges it to carry out the necessary conservation and repair work, in accordance with the provisions of article 10 of the Horizontal Property Law (LPH).  

On the other hand, society's needs evolve year after year. This ends up creating certain imbalances in our lifestyles. And it creates the need for changes that save us time and effort, in order to improve our daily lives.