The courtyards of the community of owners are always a source of conflict, since their maintenance and enjoyment depend on whether their use is private or common, but this is not always clearly definitive.
Article 9 of the Property Law Horizontal establishes that one of the obligations of the owners is: "to maintain in a good state of conservation their own flat or premises and private facilities, in terms that do not harm the community or the other owners, compensating the damages caused by their carelessness or that of the people for whom they must respond".
From this it is concluded that, if as a result of the breach of the duty of care damage occurs in common areas of the property or in the properties of other neighbors, it will be the owner who makes use of the interior courtyard who must assume its repair.
On the other hand, when the damage is caused by structural deficiencies in the courtyard itself, the responsibility lies with the community of owners. This is provided for in article 10 of the LPH, which attributes to the community the performance of all those actions and works necessary to guarantee the correct maintenance and conservation of the building and its common elements, including those required to ensure safety, habitability, universal accessibility, ornamentation and any other legal obligation imposed by the Administration.
Finally, those owners who make a private use of the building's interior courtyards must allow access to personnel who come to carry out renovations and repairs, as well as to access the reading of the meters.
This information should appear in the scripts of horizontal division, a document that includes all the particular and common elements of each owner of the community of neighbors.
Those patios that can only be accessed from the house of one of the owners are usually for the use and enjoyment of that owner, although it is not mandatory that this is the case. However, in these cases the patio is still a common element and the owner with the use will have to comply with the regulations.
Article 7 of the Horizontal Property Law (LPH) suggests that the owner has the right to make changes to the courtyard, as long as they do not affect the safety and structure of the building. However, you are required to seek permission from other owners to make such modifications.
The courtyards are always attached to the house of one or more owners and can be accessed from the common areas of the community, for example, from a hallway. If an interior patio is for common use, cleaning and maintenance are at the expense of the community.
In principle, it would not be allowed. If the patio is for the community, it is not your personal terrace. However, if the table is mobile and you don't bother, surely nothing happens. First of all, it is always better to consult with the community of neighbors.
It depends on what is established in each community of owners. Some take advantage of these spaces to hold social gatherings among neighbors. Others, on the other hand, may prohibit using it for cooking or any other activity. To find out, you should consult the Statutes of your community.
It could be divided, but it is a very complex process. If the courtyard is common, it can only be assigned to a private use by modifying the Constitutive Title with the unanimity of the community. On the other hand, partial enclosures require the agreement of 60% of owners and quotas.
If the courtyard is already for private use, visual separators can be used without work, but any enclosure or structural modification needs the approval of the community.
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