Jurisprudential-legal explanation of the basis and limits of liability of apartment owners due to damages caused by common areas

One example of multiple property liability for single damage is the liability of apartment owners for damage to common areas. In Iranian law, the customary invocation of a harmful act to the perpetrator is the basis of responsibility, and the theory of fault can be helpful in recognizing the custom and unusual behavior of apartment owners in caring for common areas. According to the rule " He who has the sheep is liable for the penalty", the owners, as the beneficiaries of the common parts, are the guarantors of the preservation and maintenance of these parts, According to some jurists, the connection between damage and benefit makes the owners responsible for the damage caused by these parts in the first place.According to Articles 4 and 10 of the Apartment Ownership Law,each owner's share and obligation The cost of common parts is determined by the area of private parts; now the question arises, assuming the damage caused by the common and general parts of the building, who is responsible and what is the distribution of responsibility?Assuming that the damages are not due to non-observance of construction technical principles and the builder pays special attention, each of the common owners is responsible for maintaining and paying the running costs of the building in proportion to their own share of the total dedicated share of the building.It is also jointly and severally liable for damages to other third parties and the rule of joint or several liability will not apply to the owners