If you live in a building and share a landing or doorway, you have probably come across the scene. When you get home you find that the tenant across the street has left his bike parked in the hallway, right next to his door. Maybe it’s not a bicycle, but an electric scooter, a baby stroller, a shopping cart or any other armatroste useful that (for whatever reason) the person you share the landing with decides not to store inside their own home.
And then the question arises: Can he do it?
Nothing new under the sun. Since the existence of neighborhood communities, there has been friction over the use of common areas. It is nothing new, although it is true that in recent years, as extended The use of bicycles in cities, the doubt about whether or not they can be parked in doorways (hallways, corridors, halls and other shared spaces) seems to arouse special interest.
If you live in a building you may have seen it in person. If not, just Google to find a good number of guides, articles and even some other news on the subject, such as the scuffle that aired For this same reason, a few months ago the ‘Neighbor Troubles’ account was published in
Click on the image to go to the tweet.
LPH Word. When the spark flies, as in that case, the usual thing is to ask what the law says. And in terms of neighborhood coexistence and buildings, the reference standard is Horizontal Property Law (LPH), designed precisely to facilitate coexistence in the blocks. Specifically, throughout its vast articles there is a particularly interesting section for cases such as the one disclosed in X.
Which? He article 9.1which indicates the obligations of the owners. The first, “respect the general facilities of the community and other common elements, whether for general use or for the exclusive use of any of the owners (…), making appropriate use of them and avoiding at all times causing damage or damage.” And in case there were any doubts about what exactly the “common elements of the building” are, the Civil code makes it clear that the facades, portal, patios, goals… and (exactly) stairs and corridors can be understood as such.
“Proper use”. The LPH is important because it conveys a fundamental message: neighbors must not damage the facilities they share with the rest of the owners and are also obliged to make “appropriate use” of them, which leaves doubt as to whether or not it is appropriate to park a bicycle in a space that (in the case of a landing, corridor or stairs) is designed for the passage of people and that must remain clear both for comfort and for emergencies.
It is not the only reflection that arises Horizontal Property Law. Another is whether occupying a hallway with particular goods (a cart, a bicycle, a scooter) implies ‘appropriating’ of him, even if only temporarily. The rule also states that common spaces cannot be “altered” without permission.
Click on the image to go to the tweet.
That’s all? No. Leaving things on landings (especially bikes) is so common that on the Internet you can find property management that they explain how should you respond the community. Not all guides are the same, but they do tend to agree on one key aspect: what the statutes of each block say is essential. After all, there may be communities that expressly prohibit it in their regulations while others accept it or even assign special areas.
“In many cases the community bylaws may establish specific rules on the use of common spaces, including the possibility of temporarily leaving objects in certain areas, as long as they do not hinder passage or pose a risk,” explains Group 91, which insists on the importance of knowing the regulations of each block. Similar message Atico07 transfers by pointing out that they must establish rules for coexistence and the use of shared areas.
Better to get healthy. This last administrator points out another fundamental idea: to avoid misunderstandings, headaches or arguments that can end in the courts or with sanctionsit is best to play it safe.
“If the statutes do not explicitly prohibit leaving bikes in common areas, the next step would be to request permission from the community of owners. This is generally done in a meeting where a proposal can be presented,” points out the signature before advising that the permission be recorded in the minutes.
Is it that common? A quick Google search reveals that the topic generates interest, something that coincides with the increase in urban bicycle use, especially during the pandemic and his hangover. Although its boom seems to be losing steamhe Bicycle Barometer 2024 shows that almost 23% of the population uses the bike weekly. Of course, not everyone takes it home (Madrid either Barcelona They have shared services) and not everyone parks it in the hallways.
Nor is it something that only Spain deals with. In other countriessuch as the Netherlands, Denmark, Berlin or Germany, where urban bicycle use is widespread. Mietrecht remember For example, in the latter country (Germany) it is not unusual for people to park in stairwells to avoid theft or protect them from the elements, although the rest of the owners are not always obliged to accept it and they can capture it in the internal regulations or rental contract.
Images | Ayman Bondoki (Unsplash) and Katerina Plakhova (Unsplash)
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