October 26, 2024 · 4 min read
Commercial units in the building: rights, duties and friction
Commercial units are owners like everyone else — with nuances worth understanding before the first conflict.
What they pay
By default, they contribute to all common expenses according to their share (which tends to be high: units have floor area). The bylaws may exempt them from services they do not use — entrance, stairs, lift — and that is the usual arrangement. Check the deed of constitution before arguing.
What they vote on
Everything. They have voice and vote like any owner, with their share. A large unit can carry a lot of weight in votes — and that is legitimate.
The typical friction
- Extraction and noise (bars): nuisance activities are tackled through the municipal licence and, if they persist, through the statutory injunction — with a prior resolution at a meeting.
- Work on the facade (signs, awnings, shutters): they need the community's permission where they affect common elements.
- Using the entrance for loading and unloading: regulated by internal rules (simple majority).
The advice
Treat the commercial unit as what it is: another neighbour with a large share. Including it in the communications (notices, minutes, accounts) prevents 80% of the lawsuits.
Keep reading
The shop downstairs: which costs it bears and which it does not
Commercial units are usually exempt from lift and hallway costs, but not from everything. Where it is written and what happens when the by-laws say nothing.
Statutes and internal rules: what each one actually covers
Statutes come from the title deed and affect ownership; internal rules govern day-to-day life in the building. What each covers and how they get approved.
Putting a lift where there never was one: majorities, cost and who pays
The most expensive and most argued-over works a community faces: what majority is needed, what it really costs and why the ground floor pays too.
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