Community of owners often experience conflicts related to parking spaces. Issues like line encroachment, improper use of space, or difficulty maneuvering are common. When works carried out by the community or an owner prevent the use of a garage space, the affected party may be entitled to compensation.
The regulations aim to balance the general interest of the community with the individual rights of each owner. While access must be allowed for conservation works, owners have the right to be compensated for any economic damages incurred.
Article 9.1.c of the Horizontal Property Law obliges owners to consent to necessary repairs for the building's maintenance but guarantees the right to be compensated for damages and losses. Jurisprudence has extended this protection to private elements such as parking spaces and storage rooms.
Compensation can cover the cost of alternative parking, loss of income if the space was rented out, or material damage to the vehicle caused by the works. It is essential to keep all documentation proving the expense and its direct relation to the community works.
To prevent disputes, many communities opt for solutions like renting alternative spaces or reimbursing parking expenses. It is also possible to agree on a daily compensation for each day the space remains unusable.
