Horizontal Property Law
The main Spanish law about properties, communities, owners etc.
Latest version of Horizontal Property Law
Community Bylaws
COMMON ELEMENTS
Article 1. Common elements include those listed in Article 396 of the Civil Code and in the Law of July 21, 1960, and, in general, everything not exclusively assigned to one of the dwellings, especially pool areas, gardens, and pedestrian paths.
Article 2. Owners may not make modifications, alterations, or, in general, any kind of work on common elements or areas. Exceptionally, urgent repairs may be carried out, provided the President is informed as soon as possible.
Article 3. The use and enjoyment of the common elements belong to the owners, who cannot be deprived of them. If any element or common area generates income, such profits will be added to the community fund for the coverage of expenses and obligations.
OWNERS’ RIGHTS AND OBLIGATIONS
Article 4. Owners have full disposal rights over their property. They may sell, mortgage, rent, or have it seized without affecting their obligations under the horizontal property regime or these Statutes.
Article 5. Owners are obligated to perform necessary repairs in their private property areas to keep them in perfect condition and to avoid any discomfort or damage to others. They must also preserve the building’s decorum.
Article 6. Owners must allow works or repairs affecting common or private elements to be carried out on their private property, if done in the interest of the community.
Article 7. Without express authorization from the Board, owners may not permanently modify the building’s exterior or install any type of object, signage, labels, or awnings. The Board also determines the color of permitted awnings. In the case of terraced houses, it is allowed to cover up to 3 meters of the garden-terrace as a porch, provided it does not have a front vertical enclosure.
Article 8. Owners may not modify any shared installations.
Article 9. Each owner will pay the corresponding taxes and fees. Those related to each block in the Complex will be shared equally among the owners of that block.
Article 10. Any use of a private residence for a different purpose (e.g., business or professional office) requires Board authorization. The following are strictly prohibited:
a) Industrial installations that are hazardous, polluting, explosive, or that cause noise, vibrations, odors, or other nuisances.
b) Immoral or illegal activities.
c) Clinics for infectious or contagious diseases.
d) Educational activities or schools.
e) In general, any industry, office, or activity that disturbs or inconveniences the other owners.
Article 11. Activities that hinder or obstruct the free movement of vehicles or people are not permitted.
Article 12. Damages caused to any owner or to the Community due to the negligence or fault of an owner shall be the responsibility of that owner, who must also pay appropriate compensation—even if the damage was caused by an occupant authorized by that owner, regardless of the legal title of such occupancy.
CONTRIBUTION TO COMMON EXPENSES
Article 13. Expenses arising from the maintenance and use of elements common to all blocks will be paid equally by all owners. Expenses for elements common to a single block will be borne by the respective owners: equally in the case of blocks A, B, and C, and proportionally according to participation quotas in other cases.
Article 14. The General Meeting of Owners will set, at its annual meeting, the ordinary budget deemed appropriate to cover all charges and expenses affecting the building. Owners must pay their respective dues within the first ten days of each period, according to the established schedule.
Article 15. In addition to ordinary contributions, owners must also pay any extraordinary expenses that may arise, within 10 days from the notice issued by the Board.
Article 16. All owners must contribute to the common expenses as established, regardless of whether they use the related services or not.
Article 17. Expenses related to elements available for the exclusive use of specific owners will be borne solely by them, even if the ownership of those elements is shared.
ADMINISTRATION AND REPRESENTATION
Article 18. The Board of Owners, legally constituted, is the highest authority in the Horizontal Property regime.
Article 19. Agreements adopted by the Board, in accordance with the law and these Statutes, are binding on all owners.
Article 20. Owners will elect a President from among themselves who will represent the Community both judicially and extrajudicially. The President will also act as Secretary, Treasurer, and Administrator, unless the Board appoints others to these roles. The Administrator may be a non-owner. These appointments last one year, although they can be revoked early by an Extraordinary General Meeting convened for that purpose.
Article 21. The Board of Owners shall have the authority to:
a) Appoint and remove individuals from the roles mentioned in the previous article, and resolve complaints made by homeowners regarding their conduct.
b) Approve the income and expense budget and the related accounts, which will be available for owners to inspect.
c) Approve extraordinary and improvement works, and arrange the necessary funds.
d) Approve and amend the Statutes and set internal regulations.
e) Discuss and decide on other matters of general interest to the Community, adopting necessary or appropriate measures for better communal service.
Article 22. Attendance at the Owners’ Board meetings may be personal or through legal or voluntary representation, with a signed letter from the owner being sufficient. If a property is co-owned, the co-owners must appoint a single representative to attend and vote at meetings.
Article 23. The Board must meet at least once a year to approve the budget and accounts, and at other times as deemed appropriate by the President or requested by at least one-fourth of the owners. The President (or the meeting organizers, in their absence) shall issue the call, indicating the agenda, date, time, and location. Notice must be given in writing to the owner’s designated address or, failing that, to the property itself. Annual meeting notices must be issued at least 15 days in advance. Extraordinary meetings require notifying all interested parties. The Board may meet without formal notice if all owners are present and agree to it.
Article 24. Board agreements shall require:
a) Unanimity for approval or amendment of the foundational title or Statutes. Owners who did not attend will be officially notified of the decision. If they do not express opposition within one month of notification, they will be considered in agreement.
b) If no majority is reached, a second meeting will be called. At the second meeting, a majority of those present can adopt valid agreements. If still no majority, a Judge will decide fairly at the request of a party within one month after the second meeting. If 25% of owners believe a majority decision is seriously detrimental, they may request judicial review. Decisions contrary to the law or Statutes may also be challenged, but they will be provisionally enforceable unless suspended by the Court within 30 days of adoption or notification.
Article 25. All Board resolutions shall be recorded in a bound, sealed, and legally certified minute book.
Article 26. The Administrator shall regularly report to the Board on payments made, with supporting documentation, manage all services of the complex, ensure its upkeep, and purchase necessary materials.
CIVIL LIABILITY
Article 27. Subsidiary civil liability arising from the use or management of common services shall be shared among all owners as per Article 13. If the fault lies with a single owner, that owner shall be solely liable for damages caused.
Article 28. The Community shall contract insurance to cover foreseeable risks (fire, civil liability, flooding, etc.). The premiums and costs will be paid from the general annual budget. Each owner may take out their own additional insurance at their expense for private risks.
GENERAL PROVISIONS
Article 29. Any matters not addressed in these Statutes will be resolved by applying the Civil Code and the Horizontal Property Law.
Internal Rules
1. COMMON
- All owners must submit complaints, suggestions, or comments to the Board of Directors or the Administrator.
- Communal services and facilities must be used only for their intended purposes. Alternative uses are prohibited.
- Any destruction or damage to community elements due to misuse will require the responsible party to pay for the full cost of repairs.
- Hanging clothes or objects on main terraces, exterior walls, or corridors must be avoided. It is forbidden to shake clothing, rugs, or mats, or to throw objects or cigarette butts from terraces.
- Noise and disturbances must be kept to a minimum between 11:00 PM and 10:00 AM, and also from 2:00 PM to 5:00 PM, as these are rest hours. Radios, TVs, and music players must operate at low volume.
2. PETS
- Dogs must always be on a leash; those over 15 kg must wear a muzzle. They may not roam freely in communal areas.
- Dogs must not relieve themselves in gardens or other communal areas. If an accident occurs, the owner must clean it immediately.
- Dogs must have up-to-date health documentation.
- Barking must be avoided during designated rest hours.
- Animals are not allowed in the pool area, gardens, or sports areas.
- Cats are not allowed to roam freely in the Community.
3. OTHER
- Owners must avoid walking through undesignated areas, especially landscaped zones.
- Private terraces and patios must be cleaned regularly to prevent clogged drains, standing water, and bad odors. These areas must not be used to store appliances or items that negatively affect the Community’s appearance, nor for noisy activities.
- Children’s games must take place only in designated areas and under adult supervision. Running, skating, or playing in common corridors and staircases is prohibited.
- Meetings and loud conversations in communal areas must respect designated quiet hours.
- Instructions issued by the Community Board must be strictly followed.
- All forms of direct complaints or discussions with employees are absolutely prohibited. All issues must be reported to the Board or the Administrator, who are the only ones authorized to give instructions to hired personnel.
- It is strictly forbidden to leave bags or containers outside of designated trash areas, particularly in hallways, shared zones, or gardens. It is expressly forbidden to dump debris or household items improperly.
- Garbage must always be taken out in sealed plastic bags or similar containers and placed only inside the designated communal bins. Unsafe or inappropriate containers are not allowed.
4. SANCTIONS
- First offense: written warning.
- Second offense: official reprimand and a fine of €60, with notice of possible restriction from use of communal facilities.
- Third offense: considered repeated disobedience and may result in denial of access to communal services. A monthly fine of €60 will apply until compliance, in addition to compensation for damages and legal actions under Article 19 of the Horizontal Property Law.