Condominium: Common parts, rules and expenses

Common responsibilities among residents are the cleaning, use and maintenance of these spaces. In this sense, it is essential to understand where your private space and common areas begin and end.

Firstly, it should be noted that it is only possible to be a condominium if the building is divided into distinct parts, that is, the so-called autonomous fractions. Here each belonging to different people.

In other words, if the building has only one owner, and even if the houses are rented to several people, there is no condominium.

When the building is occupied by several autonomous fractions, there is a condominium composed of spaces of private property and shared property. Shared properties refer to the common parts of the building.

It should also be noted that the Law states that the rights and charges of joint-owners are established by the Civil Code, where it is mentioned that, according to article 1420, “each joint-owner is the exclusive owner of the fraction that belongs to him and the owner of the common parts of the property”. building".

Still based on the same article, none of these duties “can be sold separately” and it is also not possible to “renounce the common part as a means for the joint owner to exempt himself from the expenses necessary for its conservation or fruition”. In other words, when you buy the apartment, you are also taking responsibility for the common parts as well as the associated expenses.

Find out more, based on an article by Caixa Geral de Depósitos.

Common parts of a condominium
The common parts of a building, explained in the law and applicable to all buildings where there is a condominium, are:
Soil, foundations, columns, pillars, main walls and all parts that constitute the structure of the building;
Roof or roof terraces, even if intended for use by any fraction;
Entrances, vestibules, stairs and corridors for common use or passage to two or more joint owners;
General installations of water, electricity, heating, air conditioning, gas, communications and the like.


However, there are also other areas that can be considered common, with the exception of the constitutive title, that is, the notarial deed that establishes the building in horizontal property, such as:
Parts and gardens attached to the building;
elevators;
Fractions for use and housing of the porter;
Garages and other parking spaces;
Garbage house;
In general, things that are not intended for the exclusive use of one of the joint owners.


It should be noted that the constitutive title may define that certain areas of the common parts are oriented to the exclusive use of a joint owner. That is, this document contains information regarding the location of the building, the description of the autonomous fractions and the value that each one represents, in relation to the total value of the building.

Based on the total value, the quota payable for each condominium is calculated, in addition to being able to identify the purpose of each fraction.

Common Party Expenses: Who Pays?
The common parts involve expenses, for this reason, there are the condominium quotas.

The law establishes that the specific expenses for the conservation and enjoyment of the common parts of the building and the payment of services of common interest must be paid by the joint owners in proportion to the value of their fractions.

However, if the majority of the joint-owners agree, the expenses related to the payment of services of common interest may be borne by the joint-owners in equal parts or in proportion to the respective enjoyment.

Regarding the expenses related to the common parts of the building for the exclusive use of some of the condominium owners, these are borne by those who use them. Only the owners whose fractions are served by them participate in the costs of elevators.

Works in common parts
Regarding the works in the common parts of the condominium, these are determined in an assembly of condominium owners, having the right to respect the rules regarding safety and noise.

Here, it is up to the condominium administration to organize and manage the process, covering issues associated with budget requests, contracting and licensing.

However, in situations where essential and urgent repairs are needed in the common parts of the building, they can be carried out at the initiative of any owner.

According to Law nº 8/2022, referring to the horizontal property regime, indispensable and urgent repairs are considered those aimed at eliminating, in a short term, “defects or pathologies existing in the common parts that may, at any time, cause or worsen damage to the property”. building or group of buildings, or on property, or endangering the safety of persons”.

If a common part is to be used only by a joint owner, that resident will have to maintain, conserve and make good use of that space. However, and if works are necessary that are not motivated by misuse, the condominium will be responsible for executing and paying for the work.

Source: supercasa.pt