How to improve the use of common spaces in your community

Hello and welcome to a new article which we hope you’ll find interesting. Today we’re going to talk about how to make better use of some of the communal areas in your residents’ association. 

Sooner or later, all communities are faced with the problem of how to make the best use of the estate’s communal areas, and from Southern We’d like to put forward a few ideas. 

How can you make better use of the communal areas in your building?

The most important thing is to define what is meant by ‘communal space’ in a building and which activities are permitted and compatible within such spaces.

Communal areas versus private spaces  

A homeowners’ association is one established on land subject to horizontal property ownership. It comprises both communal and private areas. 

In this specific type of property, as set out in the Article 396 of the Civil Code, we can identify each individual unit (flat, commercial premises, storage room, parking space, etc.) and the co-ownership, together with the other owners of flats or premises, of the remaining common elements, assets and services  

 the sole and exclusive right of ownership over a sufficiently defined and independently usable space, together with the architectural features and facilities of all kinds situated within its boundaries and serving the owner exclusively.

Article 396 of the Civil Code

How are they defined in Article 3 of the Condominium Act?

Private areas are the exclusive property of their owners, who have the right to use and enjoy them, and may transfer them to other people. 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 as a whole and of its specific elements in particular. Although they may be described in the title deed, anything not described in the title as a private element is presumed to be a common element. They belong to all or some of the owners. These include:  

• Flats, garages, commercial premises… which do not belong to a single owner, but to all of them (the caretaker’s flat, for example).  

• Structural elements, including: the floor, the foundations, the roof, the columns, the beams, the load-bearing walls, the façade… 

• Communal areas: the building’s entrance hall, the corridors, the staircases, the walls, the courtyard… 

• Other features: lifts, heating system, plumbing and drainage pipes, water supply, electrical installation, television aerials… 

What sort of disputes arise in the communal areas of a residents’ association?

• Abuse of power a recurring issue in these areas. The communal areas are designed to be enjoyed, but this should not lead to misuse by people hogging them. A common example of this is the excessive number of guests invited to the communal swimming pool.
• Extra space. Using part of a communal area for a private extension. This is often the case in terraces, gardens or rooftops.
• Outdoor car park or garage inside the building. In such cases, there may be open areas which are intended to improve the flow of traffic and are never to be used for parking another vehicle or as a storeroom.
• The misuse of communal areas. Using these areas as rubbish dumps or rubbish heaps, and then failing to clear away the rubbish or debris, leaving them in a state of disrepair.
• Air conditioning units. Installing an air-conditioning unit on the façade, fitting an awning or enclosing a terrace without the community’s authorisation. The exterior design This is decided at a meeting and must be recorded. 

How can these disputes between neighbours be resolved?

Most of these unsupportive uses and abuses are not set out in the legislation as acceptable or valid. It is necessary to to adopt measures by the whole community at meetings, in order to reach agreements on which behaviours can be tolerated and which cannot.

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

If these breaches continue to be committed by the neighbour in question and they persist in their misconduct, legal action may be taken by the residents’ association or by the neighbours affected.

The community is responsible for the building’s communal areas and shared parts  

The community is responsible for the communal areas. It is the owners’ association that must ensure the proper maintenance of the building and its infrastructure. This requires it to carry out the necessary maintenance and repair work, in accordance with the provisions of Article 10 of the Condominium Act (LPH)  

On the other hand, society’s needs evolve year on year. This ultimately creates certain imbalances in our lifestyles. And it creates a need for changes that save us time and effort, in order to improve our daily lives.