Rules for Using Common Areas in Apartment Buildings
In apartment buildings in Spain, order in common areas often becomes a source of disagreements among residents. The issue is especially prominent when someone leaves personal items—such as bicycles, scooters, or strollers—on stair landings or in hallways. These actions can obstruct free passage and create inconvenience for other residents.
The Law on Horizontal Property (Ley de Propiedad Horizontal) clearly states that all common spaces are meant solely for passage and access to apartments. Storing personal belongings there is not allowed, unless otherwise specified by the building’s internal regulations. This requirement is in place to ensure safety and accessibility for all residents, including those with disabilities.
Legal Obligations of Owners and Tenants
Under current law, every owner or tenant is required to treat the building’s common areas with care and not create obstacles for others. If someone leaves a bicycle or other item in a common area without permission, other residents have the right to request its removal. To do so, it’s enough to contact the building manager or the community president, who can officially notify the offender to clear the passage.
If the situation does not improve, the residents’ association has the right to initiate further action, up to and including filing a lawsuit. The law allows for collective decision-making in such matters to ensure comfort and safety for everyone.
Possible exceptions and internal regulations
In some cases, residents may agree on special rules allowing temporary storage of certain items in common areas. Such exceptions must be set out in the building’s charter and approved at a general meeting. For example, if most residents agree, a space can be allocated for bicycles or strollers, provided this does not obstruct passage or violate safety requirements.
Before demanding that items be removed from a shared area, it is recommended to review the community’s internal documents. Sometimes, they already contain special conditions or restrictions that apply to all residents. If such provisions do not exist, a general ban on placing personal belongings in common areas is in effect.
Temporary use of common areas during renovations
The law also addresses situations in which temporary occupation of common spaces is allowed. For instance, during renovation work or activities aimed at improving building accessibility, residents may use part of a hallway or area to store building materials or equipment. However, such use must be time-limited and not cause prolonged inconvenience to others.
If work is required to maintain the building in proper condition, approval from the general meeting is not necessary if such actions are mandated by administrative authorities or are essential for safety. After completion, common areas must be restored to order and cleared of any foreign objects.
What to do in case of violations
If a resident consistently leaves personal belongings in shared areas without permission, others have the right to contact the chairperson or building manager to resolve the issue. If the offender refuses to comply, the matter can be brought before the general meeting or taken to court. Remember, following the rules helps maintain order and good relations between neighbors.
