The Common Areas Rentals

Many neighboring communities at some point his lawyer raised the possibility of leasing areas in order to generate extra income. Community car parks or rooftops to install solar panels are generally usable.



What provisions have to look to undertake such action? Basically the majority required for the resolution adopted is valid.



We must look to Article 17 of the Horizontal Property Act, which states how the arrangements should be adopted Board of Proprietors, and whose first point asserts that the validity of agreements involving the adoption or amendment of the rules contained in the title deed of the condominium or community statutes shall require unanimity, indicating in this section of Article 17 in the final paragraph of the second paragraph of "The lease of common elements that are not assigned a specific use in the building will also require the affirmative vote of three-fifths of the owners who, in turn, representing three-fifths of the participation fees, as well as the owners directly affected, if any. "



This article may be seemingly contradictory even for lawyers, in fact it is not because the case is constant and peaceful understanding that the true aim is to obtain a special qualified majority for the lease of common elements without entering to assess whether such performance may or may not involve a change in the master deed or bylaws, which in most cases occurred.