What are the Common Elements in a Community of Owners?

What are the Common Elements in a Community of Owners?

The owners association is the set of owners of the different floors and premises of a building. The owners association exists, even without a formal constitution, from the moment of the birth of the property, which may occur even before the constitutive title of the property, by not depending on the will of the owners to come imposed by law.

The existence of common elements, belongings or services that justifies and determines the special form of property, which is characterized by the recognition of a separate, exclusive property right and excluding on each floor or premise, as delimited spaces susceptible of independent use, there is a right of co-ownership over such common elements, belongings or services which owners association takes care of.

Common Elements

The common elements are all those necessary for the proper use and enjoyment of the different floors or premises of a building or the parts of them susceptible of independent use.

These elements are not only immovable such as foundations, but can be furniture e.g. a decorative element of the hall, services like cleaning or rights of rental of common elements.

It is possible to distinguish between common elements by nature or essential like foundations, walls, stairs, essential to ensure the use and enjoyment of different areas and common elements by destination or nonessentials, being admitted that the latter, including can be, for this reason disaffected from their common use and dedicated to private or exclusive use, in favor of one or more of the owners of flats or premises.

All common elements, including those for the exclusive use of one or more owners, belong to all the owners as a whole, the community of owners.

Common Elements of Private or Exclusive Use

They are those elements that, when being used for ‘destination’ i.e. terraces, interior patios, their use can be attributed exclusively to the owner of a flat, it being necessary that this use is foreseen in the title constituting or has been authorized by unanimous agreement of the owners association. However, it must be clear that the element does not lose its common character, so that the right of ownership belongs to the owners association. The owner who enjoys the right of exclusive use of the common element has the obligation to use in a way that it does not harm the community, and should allow its use to other owners when appropriate or needed.

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