- Sep 12, 2015
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In my building, it has been recently approved the restoration of the facade which includes the replacement of windows and doors of all flats balcony, payable by all residents on the basis of the quote of each of them. In this case, I understand that windows and walls are common elements? could we change it without the authorization of the community?; also, would comercial sites which have no windows or balconies be obliged also to pay the windows and walls of the flats?
Good afternoon. The windows and walls are considered common elements of private use. In fact, the Horizontal Properties Law states that it is common element ” the facades, with the exterior cladding of terraces, balconies and windows, including the locking elements forming them and their siding”. By the way, you can change them whenever you want, always with the permission of the community, and using the same material, color and shape chosen for all windows.
However, the distribution of the cost among the owners is another different issue. As you say, the businesses can be excluded but that decission belongs to the Community. The owner of the site needs to make the the petition.