Article 2 and 4 of Law 634 of 1965
Mutual Zones (also referred to as Common Area) are the parts or areas, external to the immovable property, and they are to be preserved, benefited from, or used mutually (as defined in Article 2 of Law 634 of 1965).
According to Article 4 of the same law, Mutual zones can be made more explicit by means of a contract or agreement. The places and things enlisted below are considered as mutual zones under every circumstance.
- Foundations, main walls, “cross beams, columns, and curtain walls which constitute the load bearing system and other elements of load bearing system” party or joining walls which separate the independent parts , ceilings, and floors, gardens, main entrance gates, entrance corridors, stairs, elevators, corridors and if available sinks and WCs, rooms or flat belonging to the cleaning staff of the building, laundry rooms or laundry rying rooms( if available), parking grounds, special room for the heating system equipment, box rooms and closed areas in which electricity and water clocks are situated, fountains or water depots, or water depots equipment areas.
- Wastewater or other waste drains and systems excluding the parts belonging to each flat owner, shared antennas or cables for TV or radio stations, hot and cold air pipes.
- Roof, chimney(s), terraces of the mutual zone, rain gutters, fire exits and external stairs.
- Other parts or things which haven’t been mentioned above but are essential for mutual use and preservation are to be included within the scope of the mutual zone.
The common parts and common goods include the following (if existing):
- the smoke and ventilation shafts,
- the fences and bars (for as far it is not a private garden fence), the balustrades, the stairwells, the ramps, the common storages, the bicycle storages, the garbage storages, the elevator machinery.
- the window frames and window glass and gutters, the doorframes with the doors and thresholds (including sliding doors and sliding French windows) which are situated on an outer wall (that may or may not give access to a balcony or terrace) and/or situated in a wall that separates common parts or between a common and a private part, including the (standard) hinges and locks;
- the energy saving facilities in or on the common parts and/or common goods;
- the installations of cables, pipes, facilities and other items that are part of:
- the air control and ventilation
- the smoke and fire detectors and fire fighting equipments
- the lightning protection or any other kind of central protection
- the general security
- the communal lights
- the doorbell and door opening installations (central panels with push buttons, intercom, video phone, name card holders) that might also be in private parts, including the cables and facilities that are part of it and also mailboxes.
- The game room
- The fitness room
- The Tennis Court
- The basketball/volleyball court
- The swimming pool
- The parking area
- All landscaped garden areas
- The water fountain
Common parts and common goods DO NOT INCLUDE:
- the pipelines for the drainage of rain, gutter or sewage that are instrumental to one private part;
- the transport of gas, water, electricity and telephone, audio and video signals within a private part from the fuse boxes and connections;
- the installations of cables and other facilities that are part of an individual heating and cooling systems in a private part;
- All goods that are meant to be used exclusively by an owner or a user of one private part or that are only instrumental to one private part, unless stated otherwise in the Rule book and taking into consideration appendix 4.
The items that are mentioned in the first paragraph belong to the appropriate private part.
The previously stated is applicable to new common parts or goods from the day they have been installed.
If there are any doubts about parts of the land, area or goods being common or private, the meeting will decide upon it.
The meeting can decide to remove a common installation. All regulations concerning these installations will no longer be valid after the removal. The same goes for other common goods.
The board decides about the maintenance of the common parts and the common goods within the context of appendix 22. The board is not able to order maintenance jobs that are not in the approved budget without having obtained previous permission from the meeting.
Every owner and user is obliged to cooperate to the execution of the decisions of the meeting for as far is it is within reason. In cases were this cooperation results in any damages, the association will cover those damages.