Living with neighbors can be somewhat complex; therefore, The Horizontal Property Law establishes a series of rules and obligations that all owners who are residing in a building divided into different homes must comply. Provisions as important as whether a tourist rental apartment is established or a business is set up inside it.
However, it also establishes a series of rules that regulate how they should behave in common areas. These, as defined by article 396 of the Civil Code, are any part of a building or urbanization that belongs to all the owners and is not for private or exclusive use. These elements include the staircase, hallways, elevator or portal, among others.
Because these are areas of the building that belong to all the owners, no one may make an alteration to them without the consent of the community of neighbors, as recalled in article 397 of the Civil Code. Although this modification will be beneficial for the rest. However, ignorance of the rules or inappropriate use of common elements They are usually some of the most common problems in buildings.
The rules of use usually appear in the community statute.
First of all, it is important to note that all owners They have the right to use and enjoy the common areasalthough it establishes that this cannot cause harm to the rest of the neighbors. As established in article 7.2 of the LPH, improper use may be considered to be those that “contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities”, being completely prohibited.
However, the person in charge of establishing specific rules for the use of common elements, such as the stairs, the hallways or the elevator itself, is the community of neighbors. The owners can regulate in the community statutes the behavior and use that should be given to these areas, such as, for example, establish a specific time of use or restrict certain behaviors that may become annoying.
Neighbors have the obligation to contribute to its maintenance and cleaning.
Likewise, as it belongs to all the owners and according to the provisions of article 9e of the LPH, they have the obligation to contribute “to the general expenses for the adequate maintenance of the property, its services, charges and responsibilities that are not susceptible to individualization”, as well as help keep them clean and cared for.
Therefore, in the event that the community reaches an agreement by majority vote and records it in an official minute, signed by the president and the secretary, the owners may be required to carry out cleaning work in the common areas. Likewise, another point that communities can decide is the decoration of elements such as the portal or the staircase. The neighbors will not be able to place the ornamentation they wish, but rather They must ask permission from the community.
Usually, it is the community statute that establishes the aesthetic and material standards that can be used both in works that affect the façade of the building and the rest of the common elements. That is why, Before carrying out reforms of this type, it will be necessary to consult with the community and that it gives its approval.
How to solve this type of conflict?
Among the most common conflicts that usually occur between owners due to common elements is improper occupation. This occurs when a neighbor decides to use an area of the hallway, staircase or garage, for example, to place personal items. However, it is not the only one that usually occurs in residential buildings.
It is also quite common for disputes to arise due to monopolization of certain spaces, such as swimming pools or gardens, causing the rest of the owners to not be able to enjoy them equitably; or what cause damage to the facilities due to improper use of these. These types of conflicts must be resolved in an established order.
First of all, it should be discussed at neighborhood meetings, with the aim of resolving the conflict as quickly as possible. If this process does not work, the property manager will need to intervene. In the most serious conflicts, the owner who has caused damage to the common areas or discomfort to his neighbors may face financial sanctions or even temporary restrictions on the use of said elements.