Post by account_disabled on Feb 11, 2024 23:05:26 GMT -5
When living in a community of neighbors, common areas often generate conflicts between neighbors. Below, we bring you all the keys to one of the most frequent problems in neighborhood communities. Can a neighbor occupy common areas of a neighborhood community? On some occasions there are neighbors who make incorrect use of the common areas; specifically for your private use. This use can be sporadic, but there are those who do it in a more repeated and reiterated way. Well, as established in the Horizontal Property Law and article 396 of the Civil Code, a neighbor may exclusively enjoy certain common spaces, as long as he respects the content of the community statutes and respects the rest of the neighbors. Specifically, article 394 of the Civil Code states that: “Each participant may use common things, provided that he disposes of them in accordance with his purpose and in a manner that does not harm the interest of the community, nor impede the co-participants use them according to their right.” Along the same lines, the following can be read in article 397 of the Civil Code in this sense: “None of the owners may, without the consent of the others, make alterations to the common property, even if they could result in advantages for all.
In addition, the owner who seeks to have a series of privileges over the common areas will have to request a permit from the community and the statutes will have to be reviewed, approving it in a plenary session. To begin releasing the common area, the owner will have to make the request in writing so that it can be included in the agenda at the meeting, and the decision will have to be passed unanimously at the meeting. What happens if the neighbor invades common areas without permission In the event that the neighbor in question is using or invading common areas without permission, for example leaving UK Telemarketing Data a bike, a baby stroller on the landing, etc., the truth is that this may lead to complaints from the rest. of neighbors. The first step would be to inform you through cessation. Here the steps that he must follow, set out above, are explained to the neighbor if he wants to leave things in the common areas, informing him of the steps that he must take, if he wants to leave objects there. Of course, we also try to talk about the issue to make you understand the problem and solve everything in a cordial and quick manner.
If you don't want to, the next step would be to take it to the board and formally ask for permission. You will have to talk to the president and then leave it in the hands of the judicial system. Be that as it may, as we say, everything will depend on the statutes of each building, because the truth is that if your building allows you to leave objects in the common areas, there will not be much else to do. In the event that the presidency of the community has been left in the hands of a professional property manager, you will have to contact them to try to solve the problem as soon as possible. Who is in charge of what happens in the common areas? In this way, what happens in the common areas is the responsibility of the community of neighbors. In this sense, if an incident occurs in any common area, the ultimate responsibility lies with all the owners, hence the importance of having Community insurance that covers any accident or incident that may occur. What is meant by common areas Finally, it is worth remembering what is meant by common areas. This is reflected in the Civil Code, and more specifically, in article 396, where it is determined that the common elements are those necessary for the correct use and enjoyment of the building.
In addition, the owner who seeks to have a series of privileges over the common areas will have to request a permit from the community and the statutes will have to be reviewed, approving it in a plenary session. To begin releasing the common area, the owner will have to make the request in writing so that it can be included in the agenda at the meeting, and the decision will have to be passed unanimously at the meeting. What happens if the neighbor invades common areas without permission In the event that the neighbor in question is using or invading common areas without permission, for example leaving UK Telemarketing Data a bike, a baby stroller on the landing, etc., the truth is that this may lead to complaints from the rest. of neighbors. The first step would be to inform you through cessation. Here the steps that he must follow, set out above, are explained to the neighbor if he wants to leave things in the common areas, informing him of the steps that he must take, if he wants to leave objects there. Of course, we also try to talk about the issue to make you understand the problem and solve everything in a cordial and quick manner.
If you don't want to, the next step would be to take it to the board and formally ask for permission. You will have to talk to the president and then leave it in the hands of the judicial system. Be that as it may, as we say, everything will depend on the statutes of each building, because the truth is that if your building allows you to leave objects in the common areas, there will not be much else to do. In the event that the presidency of the community has been left in the hands of a professional property manager, you will have to contact them to try to solve the problem as soon as possible. Who is in charge of what happens in the common areas? In this way, what happens in the common areas is the responsibility of the community of neighbors. In this sense, if an incident occurs in any common area, the ultimate responsibility lies with all the owners, hence the importance of having Community insurance that covers any accident or incident that may occur. What is meant by common areas Finally, it is worth remembering what is meant by common areas. This is reflected in the Civil Code, and more specifically, in article 396, where it is determined that the common elements are those necessary for the correct use and enjoyment of the building.