Cupboards gradually take over the landing. A door appears in the common corridor. Part of the courtyard is fenced off and begins to be used exclusively by one family. Or a room that everyone previously had access to suddenly becomes locked.
Situations like these are often treated for a long time as an ordinary dispute between neighbours. However, when one owner begins to use a common space in a way that prevents the others from using it normally, the matter may have very specific legal implications.
The Condominium Management Act expressly requires owners not to prevent others from using the common parts and not to appropriate common parts of the building.
What is actually a common part?
Before speaking of “appropriation”, one fundamental question must be clarified: is the space actually a common part?
Staircases, landings, common corridors, the roof, and other parts which by their nature or purpose serve the building are generally common parts. In the case of courtyards, basements, attic spaces, terraces, and certain other areas, however, the precise legal status may require more careful examination.
For this reason, in the event of a dispute it is not enough for one party to say “this has always been common” and the other to say “I have used it for years”. The title documents, architectural plans, cadastral information and, where necessary, decisions of the condominium owners should be reviewed.
You can read more about the legal regime governing common parts and the management of the building on the page about legal assistance with condominium matters.
When does use become a problem?
Leaving an item temporarily or making temporary use of a common area does not necessarily amount to “appropriation” in the legal sense.
The issue becomes significant where one owner effectively begins to treat the common part as their own – for example, by installing a permanent barrier, locking off an area, restricting access for the other owners, or incorporating the area into their own property.
Particular attention is required where such actions obstruct passage, access to common installations, evacuation routes, or the normal use of the building.
Is “I have used it for years” enough?
This is one of the most common arguments in disputes of this kind.
Long-term de facto use does not, however, automatically mean that the particular space has become part of the flat or that the other owners have lost their rights over it.
The first step is to establish the legal status of the area and whether there is a valid legal basis for its use in this manner.
Can the general meeting decide who may use a common part?
The general meeting has powers in relation to the management and use of the common parts, including where a dispute has arisen between owners concerning their use.
This does not mean, however, that an ordinary resolution can in every case turn a common part into private property or circumvent other statutory requirements.
Where there is reconstruction, a change of use, permanent incorporation of an area into an individually owned unit, or interference with the rights of other owners, rules outside the ordinary management regime under the Condominium Management Act may also apply.
What should you do if a neighbour has enclosed a common corridor or landing?
The first step is to document the factual situation. Photographs, available plans, and correspondence with the building manager may be useful.
You should then notify the manager or management board and ask for the matter to be considered. Depending on the particular circumstances, it may be necessary for the issue to be included on the agenda of the general meeting.
It is not advisable to try to resolve the dispute by removing another person’s belongings without authority, breaking down doors, or taking other actions that may create a new conflict. The legal status of the space and the appropriate form of protection should first be established.
For further practical examples of disputes in residential buildings, you can also read the article “Condominium Property Lawyer in Burgas: Legal Assistance under the Bulgarian Condominium Management Act, Disputes, Owners’ Meetings and Fees”.
What if the general meeting does not resolve the problem?
Not every dispute concerning a common part can be resolved solely by a vote among neighbours.
Where the actions of one owner genuinely restrict the rights of the others to use a common part, it may be necessary to consider judicial protection of property rights.
The precise legal procedure depends on the particular circumstances. Relevant factors include the legal status of the disputed area, the manner in which its use has been restricted, whether any construction or alteration has been carried out, and what documents are available.
Does the dispute always have to go to court?
No. In disputes between neighbours, court proceedings are not always the only sensible outcome, particularly where the parties will continue to live in the same building.
Where the dispute allows for negotiation, a practical solution may be sought concerning the use of the area, restoration of access, or removal of the specific cause of the conflict.
In appropriate cases, mediation for the voluntary resolution of the dispute may also be considered.
What documents should be reviewed?
In a dispute concerning common parts, it is usually important to collect the title deeds relating to the affected properties, available architectural plans and other construction documents, cadastral information, resolutions of the general meeting, and the internal rules of the condominium.
Sometimes a single old plan or title document shows that the area over which neighbours have disputed for years has a different legal status from the one everyone assumed.
Practical conclusion
In a dispute concerning a common part, do not begin with the question “Who is using it?”, but with the question “Who does it belong to and what is its legal status?”
Only then can it be assessed whether the particular use is permissible, whether a resolution of the general meeting is required, and what legal protection is available to the other owners.
If you have a dispute concerning a corridor, landing, courtyard, room, or another common part, you can seek assistance from Anelia Ivanova Law Firm in relation to condominium matters for a review of the documents and a legal assessment of the particular situation.
Frequently Asked Questions
Can a neighbour enclose part of a common corridor?
If the space is a common part, one owner cannot unilaterally appropriate it and deprive the others of its normal use. The particular case must be assessed according to the legal status of the area, the manner in which it has been enclosed, and the rights of the other owners.
Does a common part become a neighbour’s property if they have used it for many years?
Long-term de facto use alone is not sufficient automatically to change the legal status of a common part. The ownership, relevant documents, and particular circumstances must be examined.
Who decides how the common parts are to be used?
The general meeting has powers in relation to the management and use of the common parts, including where disputes arise. Its decisions must comply with the law and respect the rights of the owners.
How can I determine whether a room or area is a common part?
Depending on the circumstances, the title documents, architectural and construction records, cadastral information, and the intended purpose of the particular space should be examined.
What can I do if the general meeting does not resolve the problem?
Where the use of a common part genuinely infringes an owner’s rights, the applicable form of legal protection should be assessed. This depends on the legal status of the space, the nature of the infringement, and the actions that have been taken.
The information in this article is provided for general information purposes and does not constitute individual legal advice. Each case has its own particular circumstances and should be assessed in light of the facts, the relevant documents, and the applicable legislation.
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