Homeowners Association Regulations: Rights and Obligations You Should Know

The Homeowners Association Regulations are a set of internal rules that govern coexistence and the management of common elements in a building or residential complex. In Spain, the Ley de Propiedad Horizontal (LPH), set out in Law 49/1960 of July 21, establishes the legal framework for these communities, defining the rights and obligations of owners.

Owners’ Rights Under the LPH

• Use and enjoyment of private property: Each owner has the right to use their home or commercial unit fully, provided they do not contravene legal provisions, community bylaws, or harm other owners.
• Participation in owners’ meetings: Owners may attend community meetings with voice and vote, where decisions are made about the building’s operation and maintenance.
• Information and transparency: They have the right to be informed about accounts, budgets, and decisions affecting the community, ensuring transparent management.
• Challenge of agreements: If they consider that a meeting decision is contrary to the law, harmful to the community, or prejudicial to their interests, they may challenge it in court within the period established by law.

Owners’ Obligations Under the LPH

• Contribution to common expenses: They must participate in general expenses for the proper upkeep of the property, its services, charges, and liabilities that cannot be individualized, in proportion to their share of participation.
• Maintaining their property in good condition: Each owner is obliged to keep their home or commercial unit in good condition, carrying out necessary repairs to avoid damage to the building or disturbances to other residents.
• Consent for necessary repairs: They must allow necessary repairs in their property required for the building’s upkeep and allow essential easements needed for works, actions, or the creation of common services.
• Notification of change of ownership: They are obliged to inform the community secretary of any change in property ownership to keep owner information up to date.
• Proper use of common facilities: They must not carry out activities prohibited in the bylaws that harm the property or contravene general provisions on annoying, unhealthy, harmful, dangerous, or unlawful activities.

How the Homeowners Association Operates

The community is organized through the Owners’ Meeting, which is the supreme decision-making body. At these meetings, topics such as budget approval, carrying out works, election of officers, and other matters of common interest are addressed. Decisions are made by majority, although some require unanimity, especially those involving significant modifications to the building or bylaws.

It is essential that owners know and comply with their rights and obligations established in the LPH and in the community’s internal regulations to ensure harmonious coexistence and proper maintenance of the property.

For more detailed information, you can consult the Ley de Propiedad Horizontal in the Boletín Oficial del Estado (Official State Gazette).