Coexistence in homeowner communities is governed by the 1960 Horizontal Property Law, a regulation that covers everything from decision-making to managing delinquency or illegal construction. To clarify the rights and obligations affecting most citizens, lawyer Xabier Bilbao, from the San José Abogados firm, has detailed the keys to this legislation on COPE Euskadi.

The structure of a community is based on three main bodies. The Owners' Meeting is the supreme body, composed of all owners, where agreements are voted on and adopted. The president exercises the legal representation of the community, while the secretary attests to the minutes. Additionally, a professional administrator can be hired, a figure that, although not mandatory, is “highly recommended” in communities with a large number of neighbors.

The agreements of the board are not definitive and can be appealed. An owner present at the meeting must express their disagreement at the time to be able to judicially challenge the minutes. If they did not attend, they have one month from notification to communicate their disagreement to the board before going to court if their reasons are not accepted.

The law establishes a series of obligations for owners, such as respecting the facilities, maintaining their property in good condition, consenting to repairs in their home if they affect common elements, and, one of the most important, “contributing according to their participation quota” to the general expenses of the property. This participation quota is usually set in the constitutive title or the building's statutes, based primarily on the surface area of the home. However, criteria such as the floor height or its commercial value can also influence it. Modifying these percentages is “very complicated,” as it requires a unanimous agreement of all owners, which is why many disputes end up in court.

Among the most common conflicts is delinquency. In the event of non-payment, the community can first amicably claim the debt, and if there is no response, approve the certification of the debt at a meeting to demand it through judicial channels, with added interest and costs. Construction works are another classic source of tension. Although each owner has the right to renovate their home, Bilbao reminds us that there are clear limits: “we have the right to carry out works as long as they do not undermine the safety of the building, its general structure, and cannot harm the rights of another owner.” Furthermore, to modify common elements such as balconies or terraces, the consent of the neighbors is essential.

Finally, the law prohibits annoying, unhealthy, or dangerous activities. Faced with a neighbor causing noise or damage, the community can defend itself. The lawyer emphasizes that the protection is such that, in serious cases, “the law allows recourse to a court to request the prohibition of use of the property” on a provisional basis.