Rights of a property owner in a community of neighbors

The rights of a property owner in a community of neighbors are essential to ensure harmonious and fair coexistence. In this article, we will explore these rights in detail, providing valuable information for those looking to understand and effectively exercise their rights. The Horizontal Property Law (Ley de Propiedad Horizontal) recognizes up to 15 different rights for property owners, which we will review below.

15 rights of a property owner in a community in Spain

As a property owner, we understand that navigating the complexities of living in a community of neighbors can be challenging. You may face conflicts, misinformation, or simply want to ensure that your rights are respected.

The rights of a property owner in a community of neighbors can be classified into three groups:

1. Rights Related to the Use of the Building
2. Rights Related to Community Meetings
3. Other Rights Recognized by the Horizontal Property Law

Rights of a property owner in a community related to the use of the building

1. Exclusive Property Right:
   Property owners have the singular and exclusive right of ownership over a sufficiently delimited space suitable for independent use, as defined in Article 3.a of the Horizontal Property Law (HPL).
2. Right to Use and Enjoy Common Elements:
   In addition to their exclusive property, owners have the right to shared use and enjoyment of the building’s common elements and services, as per Article 3.b of the HPL.
3. Right to Modify Property Elements:
   Property owners may modify architectural elements and installations on their property, provided they do not alter common elements or harm other owners, and notify the community in advance of such works, in accordance with Article 7.
4. Right to Require Cessation of Nuisance Activities:
   If a neighbor engages in activities prohibited by the statutes or harmful to the property, any owner can exercise their right to require, through the President, the immediate cessation of such nuisance activities, as per Article 7.2.
5. Right to Compensation for Common Works:
   Owners are obligated to allow necessary easements for common area works and have the right to be compensated for damages caused by these works, in accordance with Article 9.1.c.
6. Right to Install Electric Vehicle Charging Points:
   Since the amendment of the HPL in 2009, owners can install electric vehicle charging points in their parking space, provided they notify the community beforehand and bear the installation costs, based on Article 17.5.
7. Right to Elect and Be Elected for Community Positions:
   Owners have the right to elect and be elected to serve in community representative positions, according to the system established therein, regulated by Article 13.

Rights of a property owner in a community related to Community Meetings

1. Right to Attend and Vote at Meetings:
   Owners have the right to attend, vote, or delegate their vote at community meetings, under the conditions specified in Article 15. They also have the right not to attend or vote.
2. Right to Convene Extraordinary Meetings:
   Owners can convene an extraordinary community meeting with the representation of at least 25% of owners, according to Article 16.
3. Right to Propose Agenda Items:
   Owners can propose agenda items of interest to be included in the next community meeting agenda, in accordance with Article 16.
4. Right to Disagree with Adopted Agreements:
   Absent owners at a meeting can express their disagreement with adopted agreements within 30 natural days of receiving notification, as per Article 17.8.
5. Right to Challenge Agreements Contrary to Law or Statutes:
   All owners have the right to challenge agreements contrary to the law or statutes, detrimental to the community or harmful to any owner, under Article 18.1.
6. Right to Receive Minutes of Meetings:
   All owners, whether attending meetings or not, have the right to receive minutes of community meetings within the deadlines and at the address specified in Article 19.

Other rights recognized by the HPL

1. Right Not to Contribute to Non-Compulsory Improvement Costs:
   Owners have the right not to contribute to costs of non-compulsory improvements exceeding 25% of the annual budget, detailed in Article 17.4.
2. Right to Object to Subsidiary Enforcement of Community Debts:
   Owners can object to the subsidiary enforcement of community debts requested by a creditor, provided they can prove they are current on payments of overdue debts to the community, according to Article 22.

Protect your interests and ensure coexistence

Understanding and exercising the rights of a property owner in a community of neighbors is essential to ensure harmonious coexistence and protect your interests. If you need assistance with property management and community affairs, our property administration in Estepona service can help you. Having experts in the field not only facilitates management but also ensures that your rights are always respected and protected. Contact us today and discover the benefits of professional management!