This may seem like an insignificant gesture, but parking your bicycle on the landing is one of the most common causes of neighborhood conflicts. What does the law say?
“The law of horizontal property stipulates that common elements, such as landings, are intended for the use and enjoyment of all owners and cannot be used privately by one neighbor unless there is an express permit or legal provision,” explains Patricia Briones, lawyer and technical secretary of the College of Property Managers of Madrid (CAFMadrid).
Therefore, garages are intended for transit and access to homes, and may not be used to store personal items, except for exceptions specified by the neighborhood association.
“Bylaws may contain rules regarding coexistence and use of shared-use items, including a ban on parking bicycles in the gate or common areas,” warns Briones.
The neighborhood community has firm legal mechanisms to manage the situation, although the best path is good communication and harmony between neighbors. What options are available to the community?
Create a standard
The expert insists on the ability of the neighborhood community “to approve internal rules that regulate the use of common areas.” With the rule already approved, “in case of non-compliance, the owner may be asked to remove the bike, reminding him of the bylaws and the Horizontal Property Code,” explains the lawyer.
The legal way
The expert explains, “If the behavior continues, the president can, on his own initiative or on the initiative of any owner, formally request that the behavior be stopped, and in the event of recurrence, the community can agree to exercise the cessation procedure before the courts.”
Reach an agreement
“To avoid conflicts, it is advisable to look for consensual solutions, such as enabling a specific space for bicycles in a common area, as long as it is agreed at the meeting and its use is regulated according to internal rules,” recommends Briones.