With today's article in "Tuesday Mornings for Construction," we begin a new series in which we decided to introduce you to topics related to common areas of real estate, in the context of the rights and obligations of housing communities and property owners. We know from experience what causes many doubts in practice, so we will focus in particular on the case law that attempts to define what constitutes common areas of real estate and what constitutes an element of the premises or its appurtenances.
First, it's worth recalling that, according to the Act of 24 June 1994 on Ownership of Premises (" UWL "), common property comprises the land on which a building is situated, as well as any parts of the building and any facilities that are not for the exclusive use of the owner of the premises. The above definition implies that premises (whether residential or non-residential), as well as any facilities that are for the exclusive use of a specific owner of the premises, are not considered common property.
There should be no doubt that common areas include elements outside the building, such as the ground, facade, roof, sidewalks, roads, playgrounds, as well as elements inside the building, such as staircases, elevators, and corridors.
However, it is sometimes very difficult to clearly classify a specific element as part of the common areas or premises, or as part of it. In such cases, it is necessary to examine the given element from a technical perspective, in particular to assess its function.
A good example here are balconies, parts of which in some situations will be treated as common areas, while in others as appurtenances to the premises. In its resolution of March 7, 2008, file reference III CZP 10/08, the Supreme Court stated that "...the legal status of a balcony depends on the circumstances of a specific case, which are primarily influenced by the architectural concept of a given building. It is noted that a balcony may be merely a part of the façade, fulfilling a decorative function, and may be intended for the use of residents of more than one unit, but may be accessible to all residents of a given floor, or even all residents of a given building. On the other hand, a building may be designed and constructed so that access to the balcony room is possible only from one residential unit, and it serves the exclusive use of the owner of that unit."
In the first situation, it is assumed that balconies constitute publicly accessible parts of the building and are therefore part of the common property, while in the second situation, balconies do not constitute part of the common property, but constitute a component part of the residential premises, which does not exclude the qualification of such a balcony as an appurtenant room.”
The above distinction, not only in the context of balconies, has significant legal implications. Depending on whether we are dealing with a common area or a unit or appurtenance, the housing community or the unit owner, respectively, will be responsible for managing the property, including obtaining benefits and bearing maintenance costs. Unfortunately, applicable legal provisions are often imprecise, which often leads to disputes between neighbors regarding the management of common areas. Therefore, it is worth familiarizing yourself with the issues related to existing legal regulations and case law in this area to avoid unnecessary risks related to improper performance of ownership obligations, and above all, to understand what constitutes our rights and obligations in this regard.
We hope that the following articles will be of interest to both those who already own properties and would like to deepen their knowledge, as well as those who are just deciding to purchase their first property, who want to learn what they should pay attention to. Finally, those who manage and administer housing communities will likely find something of interest in our articles, as we will analyze examples of significant and common problems related to the management of common areas.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 14, 2024
author:
