How to Set House Rules for Shared Spaces in an Apartment Building
Rules for shared areas in an apartment building are set by the owners' community, not the property manager. Such a decision needs the backing of two thirds of all apartment owners, explains Dace Vārna of the association “Mājoklis”.
The look of an apartment building depends not only on its facade and surrounding grounds but also on its shared spaces, which belong to all apartment owners in equal parts. To avoid an ownerless atmosphere, or one person treating a space as private property, the house needs a clear set of usage rules that residents understand. Dace Vārna, chair of the board of the Latvian association of apartment owners’ societies “Mājoklis”, discusses how to organise this in a podcast episode.
What counts as shared space
Under Article 4 of the Apartment Property Law, shared spaces are part of co-ownership. They include building entrances, vestibules, stairwells and landings, stroller storage areas, basements, attics, drying rooms, common utility rooms, and any premises that are not part of a specific apartment.
Who sets the rules
The belief that the property manager must determine the rules is wrong, Vārna says. The owners’ community sets them, while the manager’s task is to organise and monitor compliance. The manager cannot introduce new rules alone or restrict owners’ rights. In drafting the rules, the community must consider fire safety, construction and sanitary requirements in addition to the minimum set by law.
According to Vārna, good rules answer five questions: who, what, where, and under what procedure something may be done, and what happens if the rules are broken. Under Article 17, point 7.1 of the Apartment Property Law, such a decision is valid if two thirds of all apartment owners vote for it.
What to include
Practitioners advise setting an access procedure for each space, specifying who may use it and what may or may not be stored there. A community decision may not restrict any owner’s use of shared spaces. Special rules, such as for storing bicycles, are possible if they serve a specific purpose.
An owner who wants exclusive use rights, for instance over basement rooms, needs the consent of all owners and the right must be registered in the land register. Liability for damage should be defined, but penalties should not be set arbitrarily; it is safer to require the violation to be remedied.
Unauthorised occupation
Holding a key or having used a room for twenty years does not create priority rights. First, check whether a valid community decision or lease exists. If a space was occupied arbitrarily, the person should be warned in writing and asked to vacate it by a set deadline. If they do not, an inventory report must be prepared before the room is cleared.
