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Everything you need to know about the Horizontal Property Law in Spain and Community of Owners
The Horizontal Property Law regulates everything related to the relationships between owners of a community
The Horizontal Property Law (Ley de Propiedad Horizontal or LPH) is the law that regulates the rights and obligations of the owners of the properties in the same community or building.
The Horizontal Property Law is included in Law 49/1960, of July 21, and establishes how communities of owners are managed.
Among other issues, it regulates the calling of meetings and votes, the election of the president of the community, and the management of the accounts.
The function of the president of the community
The president is the figure who stands as the highest representative of a community of owners.
The president is responsible for managing the affairs of the community and representing the neighbours before the law.
List of functions of the president of the community
- Represent the community in court and out of court, in all matters that affect it
- Sign contracts for works and services on behalf of the community
- Claiming community debts
- Call and close the owners' meetings
- Try to stop annoying, harmful or illegal activities that take place within, either on your own initiative or at the request of another member of the community.
Furthermore, according to article 13 of the LPH, it is the responsibility of the vice president to replace the president in cases of absence, vacancy or impossibility of the latter, as well as to assist him in the exercise of his functions.
The functions of the secretary and the administrator will be exercised by the president of the community.
The position of administrator may be held by any owner, as well as by natural persons with legally recognised professional qualifications to perform such functions.
It may also be held by corporations and other legal persons under the terms established in the legal system.
What does the Horizontal Property Law say?
The Horizontal Property Law regulates the relationships between the owners of the same community.
For example, it establishes how the president is elected, how the meetings of neighbours should be convened, how complaints to other neighbours should be handled, what works can be carried out, etc.
How to become a president of the community
To be president, you must be the owner of a property within the community of owners. The position is assigned by election or, alternatively, by rotating or drawing lots among the owners.
This position is non-renounceable, that is, if someone is chosen, they cannot resign from the position, unless there are compelling reasons for doing so (illness, disability, etc.).
Rights of an owner in a community
The following are the rights of the residents of a community of owners:
- The use and enjoyment of the community of which he is a co-owner, provided that the behaviour is legal, complies with the statutes and does not interfere with the rights of other neighbours.
- Carry out renovations or works in your home , as long as these do not affect the rest of the members of the community of neighbours.
- Participate in owners' meetings and decision-making.
- If any neighbour engages in illegal activities, activities prohibited by the statutes or activities that are harmful to the building, any owner may exercise his or her right to complain to the president of the community so that such acts cease.
- Right to elect and be elected to exercise any of the positions of representation of the community through the system that has been established in it.
- Right to attend, vote or delegate the vote in neighbourhood meetings.
- Right to call an extraordinary meeting provided that other owners jointly represent at least 25% of the residents.
- All owners, whether or not they attend the meetings, have the right to receive the minutes of the meetings.
- Propose topics of interest to include in the agenda of the next owners' meeting.
- When it comes to a levy for carrying out works that are not considered strictly necessary, but which have been approved by 3/5 of the residents, the owners may refuse if the installation fee exceeds three ordinary monthly payments of common expenses.
- Right to install an electric vehicle charging point for private use in your individual parking space, provided that the community is notified in advance and the cost of its installation is assumed.
Obligations established by the Horizontal Property Law.
The following are some of the most relevant obligations established by the Horizontal Property Law:
- Respect the facilities and do not alter architectural elements or community services if they jeopardise the security, configuration or exterior condition of the building, or negatively affect the rights of other owners.
- Keep the property itself in good condition.
- Contribute, in accordance with the participation quota, to the general expenses for the adequate maintenance of the property, its services, charges and responsibilities that are not susceptible to individualisation.
- Do not carry out prohibited activities that are harmful, annoying, unhealthy, damaging, dangerous or illegal.
- Consent to the repairs required by the property service in your home or premises and allow the essential easements required for the execution of works, actions or the creation of common services carried out.
Articles in the Horizontal Property Law of significance to the members of the community
Article 7 of the Horizontal Property Law states that no works may be undertaken that affect the safety of the building, its general structure, its configuration or exterior condition, or that harm the rights of another owner.
In addition, all activities that are harmful to the building, prohibited in the statutes or that are illegal, among other issues, are prohibited.
Article 18 of the LPH refers to the ability to challenge agreements reached at a meeting of owners when they are contrary to the law or the statutes of the community, are seriously detrimental to the interests of the community itself, or cause serious harm to an owner who has no legal obligation to bear it.
Legal help with Community of Owners in Spain
The entire legal and administrative aspect surrounding what can, must and should never be done by property owners in Spanish comunidades de propietarios is a minefield for anyone who is not well versed in the theory and practicalities of the everyday running of community affairs, not to mention the fact that much of the official or financial papeleo (paperwork) is often in Spanish.
It can take years for those who own a home in Spain to get to grips with it, and in the meantime differences of opinions and squabbles between neighbours and contracted third parties can arise.
That’s why experienced professional community management administrators like Heniam & Associates are on hand to provide assistance and advice to Communities of Owners, with services ranging from the handling of financial affairs to conflict resolution.
Contact Heniam & Associates today using the details below to find out how they can help you:
