If I only have a parking space in the building's garage, do I have to pay for the lift or the entrance hall? And do neighbours without a space pay the garage expenses?

Question

José Manuel Alburquerque · Accepted Answer

It depends on how the garage is set up in the building's deed of constitution (“título de constitución”) and in the by-laws. If the spaces are bought and sold separately from the flats, the garage normally operates as a separate owners' association (“comunidad de propietarios”) for its own affairs and its expenses are paid only by the owners of the spaces, not by neighbours without a space. Even so, the owner of a space contributes to the general expenses of the building, including the lift and the entrance hall even if they do not use them, through the share held by their space or by the garage unit, unless the by-laws specifically exempt them. If the garage is a common part of the building, its expenses are shared among all the owners. How your garage is set up Look at the deed to your space and the building's by-laws. The Catalan Civil Code distinguishes the following cases: The garage is a single unit whose ownership is divided into undivided shares, each with the use of one space, or each space is a separate property unit with its own number and its own participation share in the building. In both cases, unless the by-laws say otherwise, the garage operates independently of the general owners' association in matters that concern only the garage. Its ramps, accesses and manoeuvring areas are common parts of the garage. The spaces are inseparable annexes to the flats, or the garage is a common part of the building and the use of each space cannot be transferred to third parties without the flat. In these cases there is no separate garage association. The participation share is the percentage that each property unit holds in the building. In older buildings in Barcelona, the space is often an undivided share of a unit. The owner of the space and the lift or entrance hall If your space, or the garage unit, has a share in the building's owners' association, it contributes through that share to the general common expenses. Not using the lift or the entrance hall does not exempt you, unless the by-laws specifically exempt you from those expenses. The law allows such clauses for the upkeep costs of the entrance hall, the staircase or the lifts. Garages often have them. That exemption relates to upkeep. In principle it does not extend to the installation of a new lift, which the law places on all the owners when it is approved by the owners' general meeting. Neighbours without a space and the garage expenses If the garage operates separately, its own expenses, such as the door, the ramp, ventilation, lighting or cleaning, are paid only by the owners of the spaces. Neighbours without a space do not contribute to them. If the garage is a common part of the building, its expenses are common expenses and are shared among everyone according to their share, unless the deed of constitution or the by-laws set a different allocation. Changing the allocation, so that the garage owners do not pay for the upkeep of the lift or so that only those with a space pay for the garage, requires four-fifths of the owners and of the participation shares, because it means setting special expense quotas or amending the by-laws. If what is being changed is the participation share, unanimity is required. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) follows the same principle that not using a service does not exempt you from paying for it.