Construction & Works

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REMOVAL OF A CABINET IN THE AUTONOMOUS FRACTION

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❓ Identified Question

"Can the condominium require the removal of a cabinet located within the boundaries of a parking space that is an autonomous fraction?"

🎯 Direct Answer

As a rule, the condominium cannot require the removal of a cabinet within an autonomous fraction, unless there is a violation of the condominium regulations.

Legal Basis: Artigo 1421.º do Código Civil View on DRE

Official Documentation

ARTIGO 1421.º CÓDIGO CIVIL

📋 Context & Applicability

It depends on the condominium regulations and the nature of the cabinet.

Article 1421 of the Civil Code establishes that the common parts are for common use, but the autonomous fractions are for the exclusive use of their respective owners.

Verify the condominium regulations.
Confirm whether the cabinet affects the safety or use of the common parts.

✅ Technical Checklist

Consult the condominium regulations.
Assess whether the cabinet obstructs the use of the parking space.
Check if there are resolutions in the condominium assembly regarding the matter.

Applicability depends on specific rules of the condominium regulations.

Legal Notice

This content is for informational purposes only and does not replace personalised legal advice.

Always confirm critical decisions with a qualified lawyer or professional.

The content is specific to Portuguese law and may not apply to other jurisdictions.

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Construction & Works

66 questions

66 results

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