EXCLUSIVE USE AND MAINTENANCE OF THE COURTYARD
❓ Identified Question
"What is the legality of the exclusive use of a common courtyard by specific autonomous fractions and how is the maintenance of that space conducted?"
🎯 Direct Answer
The exclusive use of a common courtyard by specific autonomous fractions depends on the constitutive title and the condominium regulations. Maintenance is generally to be discussed in the condominium assembly, considering the responsibility of all condominium owners.
Official Documentation
📋 Context & Applicability
The legality of exclusive use depends on what is stipulated in the constitutive title and the condominium regulations.
The courtyard is considered a common part but may be designated for exclusive use as defined in the constitutive title.
- Verify the constitutive title and the condominium regulations.
- Discuss in the condominium assembly the responsibility for the maintenance of the courtyard.
✅ Technical Checklist
- Consult the land registry to verify the exclusive use clause.
- Gather the condominium owners to discuss the situation of the courtyard.
- Define in the assembly the sharing of maintenance costs.
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.