Having a neighbor who cleans the building stairs may generate an expense for the condominium, but it is not enough for the resident to decide on their own initiative to provide the service and present a bill to the other owners. According to Article 1424 of the Civil Code, co-owners bear the expenses necessary for the maintenance of common parts and for services of common interest, in proportion to the value of their respective fractions. If a resident begins cleaning voluntarily without a resolution, contract, or authorization, they do not automatically acquire the right to demand a monthly fee.
When cleaning is done without authorization, the concept of negotiorum gestio (management of affairs) may apply, as provided in Article 464 of the Civil Code. In these cases, reimbursement of expenses is only admissible if the action corresponds to the interest and will of the owner of the business. Furthermore, management of affairs does not, as a rule, entitle one to remuneration, except when it corresponds to the exercise of the manager's professional activity, and even then the amount cannot be set unilaterally.
The scenario changes when the service was validly organized by the condominium, included in an approved budget, or contracted by the manager. Article 1436 of the Civil Code grants the manager authority to incur common expenses and demand each co-owner's proportionate share. A validly approved resolution does not depend on the individual agreement of each owner to take effect. Expenses are generally split in proportion to the value of each fraction, but the regulations may provide for equal distribution or distribution in proportion to usage.
When faced with a questionable charge, the first step is to consult the minutes where the expense was approved and request clarification on the budget, the contract, and the allocation criteria. The charge may be disputed when there is no valid resolution, contract, or authorization, when the amount does not match what was approved, or when the allocation criteria violates legal rules. Mere disagreement with the fact that it is a neighbor performing the cleaning does not, by itself, allow refusal to pay an expense validly incurred by the condominium.
