Many of us live in apartments and this involves talking about common areas and condominiums.
Now, if this is your case, you should know that you are the exclusive owner of your fraction and co-owner of the common parts. These are two distinct property rights, but they are inseparable, and you cannot dispose of one without the other.

All expenses related to your unit, or rather, your apartment, are your sole responsibility. But is it entirely correct to say that, with regard to the common areas, the co-owners are all equally responsible for paying the expenses necessary for the upkeep and enjoyment of the building? The law has attempted to answer these questions, although doubts arise daily regarding these condominium matters. The law stipulates that, in principle, the expenses necessary for the upkeep, maintenance and enjoyment of the common areas, as well as the payment of services of common interest, are paid by the co-owners in proportion to the value of the percentage of each unit. Therefore, the percentage of your unit will, from the outset, be your share of responsibility for paying the expenses.

It is important to clarify that payment for services of common interest includes, for example, the payment of bills for electricity consumption or water supply, cleaning and gardening services. In turn, expenses necessary for the conservation and maintenance of common areas include, for example, the payment for roof repairs, the payment for elevator repairs or the repair of the façade. However, liability for the payment of all these obligations is not always based on the per thousand rule.

The law has unequivocally determined that only those owners whose units can be serviced by them will be required to pay for the cost of elevators. But be careful: there is a difference between an owner who does not need to use an elevator to enter his unit or use a common area, and an owner who, by choice, does not use one and opts for the stairs as access. Another clear rule that the law has established in this regard is that only those owners who have installed the aforementioned access ramps and platforms will be required to pay for the cost of elevators. But what about the payment for services of common interest?

In this case, the proportional distribution of payment among the joint owners may be waived by law, by the title deed of the horizontal property or by a reasoned resolution approved at a Meeting, without the opposition of a majority representing two thirds of the total value of the building and without there also being a well-founded challenge. However, the law requires that for the necessary expenses for the conservation, maintenance and enjoyment of the common areas, the rule of proportional payment may only be waived by a unanimous resolution or by the title deed of the horizontal property itself. It is also important to clarify that all joint owners are responsible for the payment of innovations approved at a Meeting of Joint Owners, even those who did not vote in favour of them.

If after reading this article you still have doubts about this subject, the best thing to do is to consult a professional such as a Solicitor, who can help you understand which condominium obligations you are responsible for.

Link: https://correiodominho.pt/cronicas/as-despesas-do-meu-condominio/12544