Sharing common spaces, such as garage and parking spaces in condominiums, is often a source of conflicts between neighbors. Goods that disappear, damaged gates or misuse of these spaces are recurring problems. The absence of clear rules or proper regulation contributes to these situations.
Sell or lease your garage
Not all garage places can be sold separately. It is essential to verify that the space is contained in the constitutive title of horizontal property as an autonomous fraction. Only in these cases does the owner have the freedom to sell. If the garage is linked to housing, individual sale is not possible, but lease may be a viable alternative.
Deco Proteste explains that informing neighbors about the intention to sell is just a courtesy practice that can facilitate the transaction, but it is not a legal obligation.
Gates and misuse of space
Problems with gates that frequently advanced or are improperly used are common. It is up to the condominium administrator to sensitize the owners for damage caused by inappropriate use and define rules in the condominium regulation if they do not yet exist.
In case of disappearance of goods, such as bicycles, the condominium is not required to compensate. The recommendation is to warn the administrator, file a complaint with the competent authorities and adopt security mechanisms, such as resistant padlocks.
Respect the space of each
Parking outside the designated space or in other people can be resolved by internal regulation.
This may include penalties for owners who do not comply with the rules, reversing the value to the Common Reserve Fund. In cases where there is no regulation, it is possible to resort to the judgments of peace or the courts.
What is allowed to store
Garage places are intended exclusively for vehicle parking, whether cars, motorcycles or bicycles. Cabinets, shelves or other objects cannot be placed in these spaces, and the collection of the building should be used for storage.
In addition, it is not allowed to store gas cylinders in the garage, which must remain within the housing, as provided for in the General Building Fire Security Regulation (Decree-Law No. 220/2008).
The use of condominium electricity or water for private purposes, such as carrying vehicle batteries or washing cars, is not authorized either.
These features are intended exclusively for the building’s common services, including stairs, elevators and ordinary spaces. Law No. 220/2012, which regulates horizontal property, stresses that each fraction must respect the use of the common and individual property without harming the other owners.
Penalizations and Legal Measures
When these rules are not met, the condominium regulation may provide for penalties, including fines or the reversal of costs to the common fund.
It underlines that the condominium administrator has the role of sensitizing residents for these obligations and applying the planned sanctions, avoiding premature wear and conflicts between neighbors.
In more persistent cases, Portuguese law allows us to resort to peace judgments or civil courts. The Civil Code, in article 1422, provides that any owner may require the termination of acts that violate the rights of others or the good use of common spaces. These measures ensure the protection of everyone’s rights and promote safe and balanced management of the condominium.
Common expenses and limited access
The owner of a garage without access to the interior of the building does not have to bear service costs that do not use, such as elevators or cleaning of the stairs, but is still responsible for expenses related to structural maintenance, such as the roof or the facade of the building.
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