The Horizontal Property Law, in force in Spain for over 50 years, regulates coexistence and the use of common spaces in buildings with multiple properties. This regulatory framework stands as an essential tool to guarantee the rights and obligations of property owners, promoting proper coexistence in the communities of neighbors.
Among its most relevant provisions, the Law establishes the rights of owners in relation to common areas, which include hallways, stairs, gardens, and rooftops. The regulations specify that any changes in the use of these spaces must be approved by the community through a vote that requires a specific quorum. Thus, each owner has the possibility to propose changes in these areas, as long as they do not harm the stability of the building or interfere with the use of other neighbors. Works that alter the structure of the property also require the corresponding authorization.
Regarding decision-making, the Law establishes a voting system that varies depending on the importance of the agreement to be reached. For less relevant issues, such as the election of the president or the approval of ordinary expenses, a simple majority is required. However, for more significant decisions, such as modifying statutes or carrying out works, a qualified majority is necessary.
The Law also contemplates protection mechanisms for owners against abuse or harassment from fellow community members. Those affected can file lawsuits before a judge to resolve conflicts related to behaviors that disrupt peace in the environment, such as excessive noise or inappropriate use of spaces.
Additionally, it is crucial that all decisions made in owners’ meetings are properly recorded in minutes, providing legal support in case of future disagreements.
Another important aspect of the Law is its favorability towards sustainability. It allows owners to implement reforms that improve the energy efficiency of their homes, such as the installation of solar panels, as long as the appropriate process is followed and the necessary consensus is reached.
In conclusion, the Horizontal Property Law is not only a set of rules but also a fundamental tool for promoting harmonious coexistence in shared spaces. Through its regulation, it seeks to balance the individual rights of owners with the collective needs of the community, promoting effective and respectful management of common spaces in an environment that ultimately requires dialogue and agreement to thrive.
Source: MiMub in Spanish
