The Apartment Garden and Rules for Using Common Areas

Whom Does the Garden Belong To?

The apartment garden is, unless otherwise specified in the management plan, a common area and is under the common use of all owners. Although the ground-floor resident may be closer to the garden, this does not grant them the right to appropriate the garden alone. If a part of the garden has been given as an annex to a unit in the title deed, the situation is different; this must be checked from the title deed.

Can the Ground Floor Use the Garden?

The ground-floor resident's allocation of the garden for their own private use (for example, setting up a personal seating area or fencing it off) is possible only with the consent of the board of unit owners or through an arrangement in the management plan. Unauthorized appropriation of the common garden violates the rights of the other owners and may face a demand for restoration to the original state. We covered the limits of appropriating common areas in our what is a common area article.

Principles of Common-Area Use

The fundamental principle for all common areas is the same: everyone can benefit, no one can appropriate alone, and use must not disturb others. Areas such as the garden, children's playground, and social facility are subject to this principle. Usage rules (hours, activities, maintenance) are determined by board decision.

Garden Maintenance and Expenses

Garden maintenance (landscaping, watering, pruning) is a common expense and is borne by all owners. Saying "I do not use the garden" does not grant the right to escape this expense; because the garden is a common value of the building. We explained the sharing of common-area repair and maintenance expenses in our common-area repair article.

Unauthorized Structures and Interference

Building an unauthorized shed, storage, fence, or permanent structure in the garden is interference with the common area and contrary to law. Such interference requires a board decision. We covered the status of unauthorized structures in detail in our unauthorized structure article.

Common Mistakes

• Appropriating the garden: No one, including the ground floor, can allocate the common garden alone.
• Escaping maintenance expenses: Non-use is not a reason to eliminate the common expense.
• Unauthorized structures: Permanent structures without a board decision are contrary to law.

This content is for informational purposes. Garden and common-area use varies according to your management plan and the title deed; obtain legal opinion if necessary.