You live in a flat, where other people share other homes like yours, or you own a shop, where there are other shopkeepers and the respective owners of that property. This implies that you are in a condominium.

However, living in a condominium implies following certain rules to ensure safety and well-being in the space shared by everyone. Among the duties, there are also rights that condominium residents have.

In order to know what you have at your disposal, the rules you must follow and the importance of expert legal help by your side, this article aims to clarify these topics. 

What are condominiums

A condominium is when more than one person is the owner of a property with a common interest, such as real estate.

For example, in a building, there can be several owners of each flat within that same building.

What are common areas?

Common areas are condominium spaces shared by everyone. Any space outside of an apartment is considered a common area.

• Fundamental components such as the ground, foundations, columns, supports, load-bearing walls and other elements that make up the building's structure;
• Roofs, whether through roofing or upper balconies;
• Common areas such as entrances, atria, staircases and corridors;
• Central infrastructure such as water supply, electricity, heating, air conditioning, gas, communications and the like;
• Contiguous outdoor spaces, such as gardens and courtyards;
• Lifting mechanisms, such as elevators;
• Spaces intended for the concierge's residence;
• Parking areas, including garages;
• Elements and areas that are not for the private use of a particular co-owner.

What is a condominium property?

Condominium property, or horizontal property, is a legal regime applicable to condominiums.

Freehold refers to the situation where, in a building or group of adjacent buildings, various autonomous units belong to different owners.

Each owner has exclusive rights over their flat and shared rights over common areas, such as entrances or staircases. For a building to be established under horizontal property, the autonomous flats must be independent units, with their own access to a common part or to a public road.

The constitutive title defines the parts of the building relating to each unit and assigns a value to each. Whereas in horizontal property, each owner holds exclusive rights over their unit, in co-ownership, co-owners share rights over the whole, without specifications. Horizontal property is indivisible and, unlike co-ownership, does not offer a pre-emption right on the sale of units.

What are the rights and responsibilities of flat owners and the condominium administration?

Residents have various rights, and also duties.

In Portugal, horizontal property and condominium management are governed by the Civil Code. The rights and duties of co-owners and the management are defined in various articles of this code. Below, we present a summary of the main rights of the co-owners and the condominium management.

Rights of Condominium Owners

• Use and enjoyment of your individual unit: Each condominium owner has the right to use and benefit from their unit, provided that they do not violate the rights of other condominium owners or the condominium regulations.
• Use of common areas: The co-owners have the right to use the common parts of the building, but must do so in a way that does not prejudice the similar rights of other co-owners.
• Attendance at assemblies: The co-owners have the right to participate in co-owner meetings and to vote on decisions that are made.
• Right to information You have the right to be informed about the management and administration of the condominium.

Rights (and Duties) of the Property Management

• Management of common areas The management has the right (and duty) to manage the common areas of the building, ensuring their good state of conservation and operation.
• Charging of fees: The board has the right to charge residents for their shares of common expenses.
• Carrying out works in common areas: The administration can carry out works on the common areas of the building when they are necessary to guarantee the safety, functionality or conservation of the building.
• Calling of assemblies The administration has the right (and the duty) to convene condominium owner assemblies to discuss and make decisions regarding the condominium.
• Representation of the co-owners The administration represents the co-owners in all dealings concerning condominium matters.

These are just some of the main responsibilities and rights. It is essential that the co-owners and the management are aware of the specific legislation and regulations of the condominium to ensure harmonious coexistence and correct building management.

The duties of condominium owners and condominium management in Portugal, as stipulated by the Civil Code, are fundamental to ensuring good coexistence and the correct management of the building. Below, we list the main duties.

Residents' Duties

• Contribute to the common expenses: Each condominium owner must contribute their share to the condominium's expenses, such as maintenance, upkeep, and other common charges.
• Do not harm other residents: Residents must use their individual units and common areas in a way that does not cause damage or disturbance to others.
• Comply with regulations and decisions made at the general meeting: Co-owners are obliged to comply with the decisions taken at the condominium meeting and the condominium regulations.
• Carry out works in your flat: If a part of a building has problems that could compromise its safety, functionality, or appearance, the owner is obliged to carry out the necessary repairs.
• Allow access to your fraction: In specific.

Duties of the Condominium Administration

• Keep the common areas in good condition. The management must ensure the conservation and maintenance of the common parts of the building.
• Managing the condominium transparently: The administration must keep all co-owners informed about management, accounts, and other matters relating to the condominium.
• To comply with and enforce decisions made at the general assembly: The decisions made at residents' assembly meetings must be implemented by the management.
• Managing the condominium funds The management is responsible for the correct administration of the condominium's funds, ensuring that all expenses are duly paid.
• Convene assemblies The administration must convene assemblies regularly or whenever necessary to discuss and make decisions on matters concerning the condominium.

Estos son los principales deberes, pero siempre es importante consultar la legislación y el reglamento específico del condominio para una comprensión completa de las obligaciones de cada parte.

What is the Condominium Law?

Condominium law is a set of rules concerning the common areas of a condominium. These rules are based on the use and conservation of these same areas. The last update occurred with the Law No. 8/2022, of 10 January.

The “Condominium Law” refers to the set of legal norms that govern horizontal property and the administration of condominiums, regulated by a set of articles inserted in the Civil Code.

The horizontal property regime and the corresponding management of condominiums in Portugal are, fundamentally, regulated by Articles 1414 a 1438.º-A of the Civil Code.

The main problems a condominium can face

Condominiums can face various setbacks, but there are some of a structural nature to the building that are more common, such as: 

• Problems with the water reservoirs

These must be inspected, so that there is no risk of residents consuming contaminated water;

• Roof refurbishment

The roofs of buildings must be taken into account, as if they are worn out they can cause leaks or other problems in the houses;

• Facades

Old and poorly constructed facades can reveal natural wear and tear, which leads to damage to that same facade.;

• Terraces

The existence of terraces can lead to water ingress in apartments.;

• Acoustic and thermal insulation

Both are common problems. On a thermal level, if there is poor insulation, this can lead to the top floors suffering from temperature changes, and in the case of acoustic insulation, this results in no soundproofing between apartments.

What does a lawyer with expertise in condominiums do, and how can they help?

A solicitor can be a key player in dealing with matters related to condominiums.

The holding of general assemblies, and providing expert advice on legal matters. With regard to issues such as works or problems with co-owners, a real estate and tenancy law lawyer can be quite useful.

Would you like to know more about the work of a lawyer in this area? Contact Lawyers in Braga!

Um advogado especializado em condomínios pode oferecer apoio jurídico em diversas áreas, incluindo: * **Elaboração e revisão de convenção e regimento interno:** Garantir que os documentos normativos do condomínio estejam de acordo com a legislação vigente e reflitam as necessidades dos condóminos. * **Assessoria em assembleias:** Orientação sobre a convocação, condução e validação da assembleia, assegurando que as decisões tomadas sejam legais e seguras. * **Cobrança de inadimplentes:** Auxílio na recuperação de taxas condominiais em atraso, incluindo notificações extrajudiciais, negociações e ações judiciais de cobrança. * **Questões trabalhistas:** Orientação sobre a contratação, demissão e direitos de funcionários do condomínio, buscando a conformidade com a legislação trabalhista. * **Responsabilidade civil:** Assessoria em casos de danos causados a condóminos ou terceiros, bem como defesa do condomínio em ações judiciais desta natureza. * **Contratos:** Elaboração, análise e revisão de contratos com fornecedores, prestadores de serviços e outros parceiros do condomínio. * **Consultoria em legislação condominial:** Esclarecimento de dúvidas sobre leis e normas que regem a vida em condomínio, como a Lei do Condomínio e o Código Civil. * **Mediação e arbitragem:** Busca por soluções consensuais para conflitos entre condóminos ou entre condóminos e a administração. * **Assessoria em reformas e obras:** Orientação sobre a necessidade de aprovação de obras, responsabilidades e questões legais envolvidas. * **Segurança e descarte de resíduos:** Orientação sobre as obrigações legais do condomínio em relação à segurança, saúde e gestão de resíduos.

A solicitor who provides legal support to residential community schemes can work in various areas, given the multiple legal issues that can arise in the context of horizontal property. Some of the main areas of practice include:

• Legal Consultancy To guide residents and the administration on their rights and duties, as established by the Civil Code and other applicable regulations.
• Drafting and Reviewing Regulations: Assist in drafting or revising the condominium's internal regulations, ensuring they comply with current legislation and meet the specific needs of the condominium.
• Conflict Mediation: To intervene in disputes between condominium owners, between condominium owners and management, or between the condominium and third parties, seeking amicable solutions and avoiding legal disputes.
• Collection of Overdue Fees: Representing the condominium in processes related to the collection of fees or other matters. Debts related to the condominium.
• Construction Consulting: To advise the condominium on the legal procedures for carrying out works in common areas or in individual units, especially when there is an impact on common areas or other units.
• Legal Representation: Representing the condominium in legal proceedings, whether as plaintiff or defendant, in disputes related to horizontal property ownership issues.
• Support at Condominium Assemblies: Participate in meetings, providing legal clarifications on the topics under discussion and ensuring that the decisions taken comply with the law.
• Contract Advisory Services: Assist in the preparation, review, and interpretation of contracts related to the condominium, such as maintenance contracts, service contracts, and others.
• Labor Issues: To provide advice on labor-related matters concerning condominium employees, such as doormen, caretakers, or other contracted professionals.
• Support in Accident Situations: To advise and represent the condominium in claims situations involving insurance, assisting in the interaction with insurance companies and in defending the condominium's interests.

These are some of the areas in which a lawyer can provide support to condominiums. Depending on the complexity and specificities of each condominium, other legal issues may arise, requiring the specialized intervention of a lawyer. Solicitor.

What is preventive legal consulting in condominiums and why is it important?

Legal consulting for condominiums is a means of ensuring the proper regulation of a condominium's rules. 

This becomes important to prevent cases of abuse by the condominium against the residents. Thus, the management of a condominium becomes safer and fairer with the use of legal counsel.

What are the legal consequences of not complying with condominium laws?

Regarding condominium legislation, anyone who does not comply with the rules of the condominium where they live will be subject to... sanctions.

A condominium owner who does not respect the building's facade, or who is in arrears with their condominium fees, may have to pay a fine or reimburse the outstanding amount.

How can a condominium be kept in compliance with local laws and regulations?

Creating safe conditions, participating in assemblies, and above all, having clarity about everyone's rights and responsibilities are... key points For a condominium to operate within legal parameters.

Conclusion 

Like a residents' association, a condominium is defined as a group of people with a shared asset. This situation is present in apartment buildings, for example.

However, a condominium is much more than that, and there are rights and duties to be fulfilled, and to advise you better, nothing is more important than having a lawyer by your side.