Living in a homeowners’ association means sharing common areas and responsibilities with others. This can be an enriching experience, but it can also lead to questions or even conflicts. Understanding your rights as a homeowner is essential for maintaining harmonious relations with your neighbors and for being able to defend your interests when necessary.

In Spain, the Horizontal Property Law governs the relationships among owners in a homeowners’ association, establishing rights and obligations for both homeowners and the homeowners’ association. In this article, we explain the fundamental rights of a homeowner in a homeowners’ association, according to Spanish law.

1. Right to Participate in Homeowners’ Meetings

The Condominium Act establishes that all owners have the right to participate in owners’ meetings, where fundamental decisions regarding the community are made—such as the maintenance, repair, and improvement of common areas, as well as the approval of budgets and the allocation of expenses. This right is essential so that each owner can influence decisions that affect their home and its surroundings.

Article 15 of the Condominium Law stipulates that owners must be notified in advance of the meeting and have the right to attend and vote on decisions. If you are unable to attend, you may also delegate your vote to another owner by means of an express authorization.

2. Right to Use Common Areas

Common areas in a homeowners’ association, such as hallways, stairwells, gardens, elevators, and others, are for collective use. The law stipulates that all homeowners have the right to enjoy these areas in proportion to their share of the association’s ownership, which is generally reflected in the size of their home.

However, it is important to note that this right comes with the obligation to respect the rules of coexistence established by the community. For example, there may be rules regarding the use of common areas to avoid disturbing neighbors, such as time restrictions on noisy events or taking care of shared facilities.

3. Right to Have Maintenance Work Performed

The right to demand that the building be maintained is also supported by law. According to Article 10 of the Condominium Law, owners have the right to require that the necessary work be carried out to maintain and repair the property, such as repairs to roofs, facades, and common facilities (elevators, electrical systems, plumbing), among others.

Although owners may request these repairs, their implementation must be approved at a meeting, and the costs will be divided among all owners according to their ownership shares. In some cases, if the repairs are urgent, owners may take immediate action, even without waiting for the meeting’s approval.

4. Right to Use and Enjoy the Residence

As a property owner, you have the right to fully use and enjoy your property, provided that you comply with the community regulations and local laws. According to Article 7 of the Condominium Act, no owner may be interfered with in the exercise of their rights over their property, provided they do not violate the rules of coexistence.

This means you are free to rent out your home or make renovations, as long as they do not affect the building’s structure or the common areas. In any case, renovations that involve changes to the common areas or the building’s structure must be approved by the homeowners’ association.

5. Right to Be Informed About the Management of the Community

One of the fundamental rights of owners is the right to be informed about the management of the homeowners’ association. The Condominium Act establishes that all owners have the right to know the status of the building’s finances and administration. Community administrators must make all relevant information regarding expenses, income, and decisions made at meetings available to the owners.

In addition, owners may request copies of the minutes from previous meetings and financial reports so they can verify that the funds are being managed properly.

6. Right to Challenge Resolutions Adopted at the Meeting

The law also provides that owners have the right to challenge resolutions adopted at meetings if they believe them to be illegal or contrary to the community’s bylaws. Article 18 of the Condominium Act provides that meeting resolutions may be challenged within 30 days of notification of the resolution.

To challenge a resolution, a lawsuit must be filed with the court, and the challenge may concern both the legality of the resolution and the procedures followed in adopting it. If a resolution is declared null and void, the community must act in accordance with the court’s decisions.

7. The Right Not to Be Excluded from the Community

No one may be arbitrarily excluded from the homeowners’ association. The law establishes that all homeowners have the right to participate in meetings and to use the common areas. In this regard, a homeowner who fails to pay their association dues may be sued by the other homeowners, but they cannot be expelled from the homeowners’ association unilaterally.

The right to belong to the community is protected, and although a delinquent owner may be required to pay the dues, their right to property must always be respected.

8. Right to Protection of Private Property

Even though you live in a community, your private property is still yours, and you have the right to enjoy it without your rights being violated. According to the Condominium Law, any structural modification to the property or use of common areas must be approved by the homeowners’ association, but under no circumstances may the owner’s privacy be infringed upon without their consent.

If a neighbor carries out construction work or engages in activities that affect your property, you have the right to request that they stop if they violate the law or the rules of coexistence.

9. Right to Peace and Quiet

Property owners have the right to live in a peaceful environment, free from excessive noise or other disruptive behavior. The Condominium Law stipulates that activities that cause disturbances in condominium communities—such as noise or disturbances of the peace—must be regulated by the community’s bylaws.

If a neighbor violates these regulations, the other homeowners have the right to request that the activity disturbing the peace in the community cease. If the problem persists, legal action may be taken.

Conclusion

Understanding your rights as a homeowner in a homeowners’ association is essential to avoiding conflicts and ensuring harmonious coexistence. The Horizontal Property Law protects your rights and provides you with legal tools to ensure the proper use and enjoyment of your property and the common areas.