Communal areas in a housing estate: what is and isn’t allowed

Welcome to a new post on our blog. Once again, we’re focusing on the communal areas in the residents’ association, and what is and isn’t allowed there.

Communal areas and disputes

You have probably experienced or witnessed some sort of conflict within your owners’ association regarding the use of the association’s communal areas. It is more common than it seems, and many of the disputes that arise at some owners’ association meetings relate to this issue.

Whether it is because a tenant is deemed to have made inappropriate use of the communal swimming pool, or because someone decided to carry out renovations on their terrace without taking into account the building’s overall appearance. It turns out that most disputes within residents“ associations stem from a lack of awareness of what is and isn’t permitted in the ”communal areas’.

To find a solution to this problem and avoid future disputes, this article will take an in-depth look at the correct use of communal areas in a residents’ association. Let’s start by defining what is meant by a communal area.

What is meant by ‘communal area’ in a housing estate?

If we want to know what we are allowed to do in a communal area and what is prohibited, let’s start by defining the concept itself. The communal areas of a building are the structural elements that make up the property, excluding the interiors of each tenant’s private dwelling. We are therefore referring to a range of facilities such as terraces, façades, windows and balconies, corridors and common passageways, the entrance hall and staircases, communal garages, washing lines and roof terraces, lifts, swimming pools, green spaces and recreational areas, and meter rooms – to name just the most common ones.

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

To find the answer to this question, we must look at what the Condominium Act says on this matter. The Act specifies that “a resident’s right to use the communal areas of a building ends at the point where respect for other owners and tenants begins”.

Furthermore, to support this opinion, we may refer to the Civil Code, which, in its Article 394 It specifies that “each co-owner may make use of the common property, provided that they use it in accordance with its intended purpose and in such a way as not to prejudice the interests of the community, nor to prevent the other co-owners from using it in accordance with their rights”.

Furthermore, Article 396 of the same Civil Code states that “separate dwellings or premises forming part of a building may have features that can be used more or less independently by a single owner, as they have their own access to a common part of the building or to the public highway”.”

In conclusion

In view of what the law states, we can conclude that every tenant or owner has the right to use and enjoy the communal areas, provided that this right is not abused and that such use does not infringe upon the rights of the other residents.

Furthermore, in the specific case set out in Article 396, the exclusive use of a communal area by one of the residents or a section of the owners’ association as a whole must be authorised and approved at a meeting of the owners’ association, in the first instance, and must be formalised in writing, in an explicit and precise manner, in the Land Registry.

Defining residents’ rights and obligations

Now that we’ve clarified this point, let’s look into the matter in a little more detail. So far, we’ve quoted what the law says, but we haven’t looked at the specific rights and obligations to which every resident of the estate is entitled, nor at the responsibilities they have regarding the use of communal areas.

With regard to rights, any resident may use the communal areas, provided that this does not infringe on other owners’ rights to use them.

Similarly, you have the right to request that maintenance work be carried out on these properties. This may be for the purpose of upkeep, or to request that ancillary facilities (such as electricity and communications) be upgraded.

You may also request the provision of community services, as well as propose the option of letting premises and communal areas. Naturally, any request of this nature must be put forward and approved at a meeting of the owners’ association by the required quorum.

Property owners must comply with the regulations

In addition to rights of use, owners must also comply with the regulations and fulfil certain obligations. These include respecting and looking after the building’s communal facilities and allowing alterations and repairs to be carried out on their own flat, provided that these have a positive impact on the rest of the building. In the event of inappropriate use of the communal areas, owners are also liable to the owners’ association.

When in doubt, use common sense

We hope this article has helped to clarify any doubts you may have had about what is and isn’t allowed in communal areas. Most disputes between neighbours arise from a lack of awareness of this issue, which is very common in the vast majority of housing estates.

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

To help you cope with these more contentious and complicated situations, please remember that Meridional Team has a team of professionals specialising in the management of owners’ associations at your disposal. If in doubt, please do get in touch. We’ll be delighted to help you resolve any issues that may arise within your owners’ association.