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Professional Advice

Pregunta al Administrador: un patio de luces debe mantenerlo sólo los propietarios de las viviendas que lo usan disfrutan?

Good morning. I belong to a community in which there are two courtyards, they access private form the two owners of the corresponding housing. In the community there are altogether 6 houses, two warehouses and areas of staircase and elevator. By virtue of the above, I would like to know if the quota of participation of the aforementioned patios is distributed between all the described property owners or only have to charge the homeowners who use it enjoy and are responsible for its maintenance.

Carlos R.

Administrator:  Juan L.

The first thing we should check is if this matter is regulated in the constitutive title and/or Estatutes. If so we should be reflected in these legal texts, otherwise, it is considered that the courtyards are common elements, use and enjoyment of the owners who have access to the same and therefore the participation fee is to be distributed among all the owners of the community, since it is logical that this includes the m2 of patio lights the m2 of housing as well as those of other common elements. So the law of Horizontal property, establish it because it defines the share of participation of each registered entity as the basis used for the allocation of expenses of the community.


However, notice that it is to these owners to whom corresponds the ordinary maintenance of the courtyards, being the community who should assume repairs thereof in case of accident, provided the damage not attributable to negligence or improper use of the owner (s) who enjoys it.

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