common parts
Common parts are generally considered to be parts of a building that are not for the exclusive use of one of the joint owners.
What are the common parts of a building?
The common parts of a building, even if they are for the exclusive use of a fraction, are:
- The land where the building is located;
- Foundations, building columns, pillars, main walls and all elements of the building structure;
- Elevator boxes ;
- Roofs, covering terraces, attics and attics, even if intended for the use of a given fraction;
- Entrances, vestibules, stairs, corridors and all passages used by two or more joint owners;
- General installations of water, gas, electricity , heating, air conditioning, communications and the like;
- Although the interior of the fractional balconies is not a common part, the exterior walls of the balcony are.
Other common parts (provided they are not attributed by the constitutive title to a specific fraction)
- Patios and gardens attached to the building;
- Elevators, the exception may be an elevator for the exclusive use of a fraction (provided that it appears in the Constitutive Title of the Horizontal Property );
- Dependencies or fractions intended for the use and housing of the doorman ;
- Garages and parking spaces;
- Garbage house ;
- Other parts that are not for the exclusive use of one of the joint owners.
Who is responsible for the maintenance and other expenses of the common parts?
The expenses related to the payment of services of common interest may, by means of the condominium regulation, approved without opposition by a majority representing two thirds of the total value of the building, shall be borne by the joint owners in equal parts or in proportion to the respective enjoyment, provided that that duly specified and justified the criteria that determine their imputation.
The expenses related to the different flights of stairs or the common parts of the building that exclusively serve one of the joint owners are borne by those who use them.
The mandatory insurance against the risk of fire in the building, has to cover the common parts of the building. The insurance must be concluded by the joint owners; the administrator must, however, do so when the joint-owners have not done so within the deadline and for the amount that, for that purpose, has been fixed in the meeting; in that case, you will be entitled to recover the respective prize from them.