What can you do and what can you leave in a parking space in a communal garage?

Question

José Manuel Alburquerque · Accepted Answer

The space is for parking and what can be done in it depends above all on the deed of constitution, the by-laws and the internal rules of the owners' association (the “comunidad de propietarios”). If they say nothing, in principle a car, a motorbike or bicycles can be left there as long as they fit within the lines. What cannot be stored there, even if the by-laws say nothing, are products that endanger the building, such as petrol, gas cylinders or flammable materials. Using it as a storage room depends on the by-laws, but piling things up increases the risk of fire and can cause problems with the insurance. What the owners' association's rules say The deed of constitution, the deed that divides the building into flats and commercial premises, sets the purpose of each part. If it says the space is for parking, that is its use. The by-laws can restrict what is done in the spaces, for example by prohibiting their use as a storage room or a workshop. Changing them requires four-fifths of the owners and of the participation shares, the percentage of the building that corresponds to each flat or commercial premises. Until they are registered at the “Registro de la Propiedad”, the Land Registry, they do not bind anyone who buys without knowing about them. The internal rules, which are approved by a simple majority, regulate the use of the common areas of the garage, such as speed, traffic, car washing, noise or where motorbikes and bicycles are left. They can prohibit leaving objects outside the space, in the aisles or in the manoeuvring areas. These rules are also binding on tenants. If the garage is a single unit of which each owner holds a share with an allocated space, which is common in Barcelona, the rules of use agreed by those who share it also apply. If no rule prohibits it, in principle a car and a motorbike, or bicycles, can be left in the space as long as they do not go beyond the lines or obstruct other people's manoeuvres. What cannot be stored The “Código Civil de Cataluña”, the Catalan Civil Code, prohibits owners and occupiers from carrying on activities that damage or endanger the building. Storing petrol, gas cylinders, paints, solvents or other flammable products in the space falls squarely within that prohibition, even if the by-laws say nothing. Storing other things, such as boxes, furniture or tyres, depends on what the by-laws and the internal rules say. Even if they do not prohibit it, it is best not to do so. Garages are designed for parking cars and piling up objects increases what can burn in a fire. Moreover, if an insured event occurs, it can cause problems with the insurance. What the owners' association can do If a neighbour stores dangerous products or uses the space for something the by-laws prohibit, the president must demand that they stop, by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). If they carry on, the owners' general meeting can resolve to sue them under article 553-40 of the Catalan code, which governs prohibited activities. The court can order the activity to stop, immediately if there is a danger. If they leave objects in the common areas, the owners' association can require them to comply with the internal rules and, if they do not, also take the matter to court. Before suing, the law requires an attempt at negotiation. Closing off the space or installing a charging point in it are subject to their own rules.