Horizontal Property

The Supreme Court (TS) has resolved a dispute between garage and storage room owners about who should pay various common expenses of the garage, especially those derived from the use of the right of way (for example, the maintenance of the vehicle entrance door or cleaning).

The issue arose when several owners with parking spaces and others with only storage rooms did not agree on how to distribute these expenses. Some believed that everyone —including those with storage rooms— should pay these amounts, while others believed that there is an obligation only for those who actually use the garage with their cars.

The Supreme Court confirms the decision of the Provincial Court that not everyone should pay equally and the key lies in the internal regulations of the community. As much as the easement deed allows garage and storage space owners to access the garage , the storage spaces have their own independent access (by stairs or elevator) and do not use the ramp or the areas where cars circulate.

Only the garage owners can use those areas and, therefore, only they should bear those specific expenses for maintenance, cleaning, or lighting linked to the right of way and the use of the garage. The Supreme Court states that it would be unfair for a storage space owner —who cannot and does not need to enter with the car— to have to pay for something they do not use.

The Supreme Court also recalls that the interpretation made by the Provincial Court is not absurd or contrary to the law since the internal regulations of the community prevails, and if it is well drafted and signed in the constitutive deed, it will be the one that applies. Therefore, the community agreements that intended to equally charge the storage rooms and garages those expenses have been correctly annulled regarding the storage rooms.