The presence of bicycles leaning against the wall or next to the post office has become increasingly common in Portuguese buildings, especially in cities. But is it legal to leave your bike at the entrance to the building or in the common lobby? The answer lies in the Civil Code and the condominium rules.
In recent years, the increased use of bicycles as a means of transport has also led to conflicts between neighbors. Many condominium owners complain about bicycles and scooters left in common areas, citing lack of space and safety risks.
What the Civil Code says
According to the article, the common parts of a building belong to all condominium owners, who must use them “in such a way as not to prevent other condominium owners from also using them”. This means that parking a bicycle at the entrance or hall of the building can be considered misuse if it limits the passage or obstructs the access of other people.
In addition, article 1422 establishes that no condominium owner can give common parts “use other than their intended purpose”. Now, the atrium and corridors are intended for circulation and not for parking vehicles, even light ones like bicycles.
Decision depends on condominium regulations
Still, the law allows for some flexibility. The condominium regulations may authorize the permanence of bicycles in common areas, as long as this decision is approved at a meeting of condominium owners. This is the case with many modern buildings, which have created specific zones for bicycles or installed racks in garages.
If the regulations say nothing, the general rule applies: the entrance and corridors are transit areas and cannot be occupied.
Risk of damage and civil liability
Another important point is liability for possible damages. If a bicycle leaning against a wall scratches the glass of the door or falls on someone, the owner may have to respond civilly for the damages, in accordance with article 483 of the Civil Code.
Furthermore, the presence of bulky objects at building exits may violate fire safety standards, especially if they make evacuation difficult in the event of an emergency.
What if you are a tenant?
Tenants are also obliged to respect the condominium rules. Even if the lease contract does not mention the matter, the duty of good coexistence and the correct use of common areas applies to all residents.
If the condominium owner or the building administrator notifies the resident to remove the bicycle, he or she must do so promptly. Otherwise, you could be fined in accordance with internal regulations or have the case taken to the assembly.
Are there exceptions provided for in the law?
There is no specific law that prohibits leaving bicycles at the entrance of the building, but the general framework of the condominium is clear: you can only use the common space according to the defined destination.
Some municipalities have sustainable mobility programs that encourage the creation of bicycle parking areas in buildings, but this decision is always up to the condominium and not the city council.
When common sense avoids conflicts
In many cases, the best solution involves dialogue. If the bicycle does not cause obstruction or danger, some condominiums choose to tolerate its presence in certain parts of the hall. However, this tolerance must be expressed and agreed to by everyone.
It is important to remember that neighborly relations are governed not only by the law, but also by the principles of good faith and mutual respect.
What if there is a recurrence?
If a resident insists on leaving their bicycle at the entrance against the rules, the condominium administrator can intervene and demand immediate removal. As a last resort, the assembly may decide on stronger measures, including recourse to court to enforce compliance with common standards.
Although these situations rarely reach this stage, there are judicial decisions in which the courts ruled in favor of condominiums that prohibited the parking of bicycles in passing areas.
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