EXCLUSIVE USE OF COMMON AREAS
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❓ Identified Question
"Can the Municipal Council override the allocation percentages in the constitutive title of the horizontal property and permit the exclusive use of a common area by a private unit?"
🎯 Direct Answer
The Municipal Council cannot override the allocation percentages in the constitutive title, as the use of common areas must generally comply with the rules of the horizontal property.
Legal Basis: Artigo 1421.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
The use of common areas must generally comply with the constitutive title and the resolutions of the condominium assembly.
Horizontal property establishes that the common parts belong to all condominium owners, and their use must generally be regulated by agreement among them.
- Verify the constitutive title of the horizontal property.
- Consult the resolutions of the condominium assembly regarding the use of common areas.
✅ Technical Checklist
- Confirm the occupancy permit issued by the Municipal Council.
- Analyze the impact of the terrace's use on the privacy of other condominium owners.
Applicability depends on verifying the occupancy permit and the resolutions of the assembly.
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.