How to limit the presence of non-property owners

I am the President of the Owners Community of a block of flats and the other day a neighbour complained that there are some teenagers who hang around in our flat entrance with a friend who is a property owner. They sit on the steps chatting and smoking. The neighbour complained the teenagers shouted at her - she didn't understand them because she hasn't been living here long and doesn't know much Spanish. What should I do as president. Do I have the right to send them away even though they are accompanied by a neighbour? And what can I do if they ignore me?

Lawyer's answer:

The best action to take is to ask your community administrator to call a Community meeting with just one motion: to pass a new rule governing the use of the entrance space. With the approval of the Community you would have the authority to ask them to leave. In these cases it is often useful to put up a Private Property sign beforehand, forbidding the kind of gatherings you describe. Then you will have even more authority to ask noisy troublemakers to leave and to call the police if they refuse to do so.

Who pays for repair work on balconies in a block of apartments in Spain

We have bought a Spanish apartment and the balcony is in need of repair. We have been told that according to Spanish law, balconies and terraces are communal elements and so the Community of owners should pay for their repair. Is that the case or do we have to pay ourselves?

Balconies or terraces have a communal element unless stated otherwise in the community regulations. Therefore repairs need to be organised by the Community of property owners if damage has occurred on any external part of them. Most communities wait until the majority of balconies need work on them and then hire someone to repair or repaint all of them in one go.

However, You need to remember that terraces and balconies serve both as part of an individual flat and part of the facade of the building. The interior area of a balcony, where you may have a table and chairs, counts as the individual private space of each property owner, whereas the external elements, eg. railings, form part of the building’s facade which is a communal element.

Installation of wheelchair ramp in Spanish property

What type of agreement is necessary for the installation of a ramp for the disabled in a block of flats? Who would be required to pay for it?

The construction of a ramp for a disabled resident in the entrance of a block of flats requires approval by the majority of residents as stated in article 17.1 paragraph 3 of the Shared Property Law. Following approval by the majority the costs would need to be paid for by all members of the community.

However, if the measure is not approved by the majority the interested party has the right to install these facilities (in this case a ramp) but would need to pay for it themselves as stated in article 7 of the law on elimination architectural barriers (15/1995 – 30 May).

Right to install a barbecue in a Spanish property

Installation of Barbecues in Spain

I live on the third floor of a 6 storey block of flats in the city centre and I would like to know whether I am allowed to have a barbecue on my balcony or not. My balcony is small and the barbecue is also very small. So far I haven’t used it as I am afraid that the neighbours might complain and I’m also worried that someone might report me. I’d like to know my rights in case this happens (there’s hardly anyone here at the weekend as most people go to their second homes).

I think that its best not to have a barbecue on your balcony given that your neighbours could complain and report you. It would almost certainly be against municipal regulations and the regulations of the block of flats where you live. In my opinion having a barbecue on the balcony of a third floor flat infringes article 7.2 of the Shared Property Law which states that neighbours must not carry out any activities that are against the law and that could be damaging to the community, dangerous or antisocial. In addition, the government usually bans all types of fires during certain times of the year.

I’ve got a barbecue in my small garden and my neighbour above has complained about the smoke. The barbecue is 4 metres from my facade and 6 from the neighbour’s. My flat is a duplex and the part upstairs belongs to me. I’d like to know if I’m breaking any rules and if I’d lose the case if my neighbour takes me to court. My neighbour also has a barbecue on his terrace but says that its not a problem as the smoke from his barbecue rises and therefore doesn’t affect my property.

Yes having a barbecue could be against municipal regulations. It also infringes article 7.2 of the Shared Property Law (see above). Therefore your neighbour would be within his rights to report you. However, the rules for whether barbecues are allowed or not would apply equally to your neighbour.

I live in an attic flat with a 60 m2 terrace. Am I allowed to have a barbecue? At the town hall they told me to ask the fire brigade who said that they had no objections.

You need to consult the regulations governing your area. As I stated above the government usually bans all types of fires during certain times of the year. You also need to consider whether the smoke would bother any neighbours as this could infringe article 7.2 of the Shared Property Law (see above).

Alterations to the facade of our apartment in Spain

I have read on your guide to buying a house in Spain section that if a neighbour has altered the façade, by enclosing their balcony for example, or raising the level of their balcony fence, then other neighbours in the same building can do the same. In my case I have a first floor flat with a terrace and in the same block of flats there is an attic flat with an enclosed terrace, I would like to do something similar using an aluminium structure the same colour as my windows. Have I got the right to do this?

Lawyer's answer:

In general, under the Shared Property Law (la Ley de Propiedad Horizontal) such alterations are not allowed (article. 7 and 12). But it is also true that the law has evolved and been reinterpreted since it was originally written, and is often open to different interpretations.

In your situation you should not have any problems justifying your alterations if other neighbours have done the same, although this goes against article 3 and 7 of the Civil Code and in theory if other members of the community of property owners complain, you (and your neighbour) could be forced to undo the new alterations.

If you want to go make completely sure that this does not happen, write a formal letter to the President of your community informing him of your intentions and seeking approval.

Related links:
Property owner communities in Spain
Property administrators in Spain
Spanish lawyers

Tax deductible property expenses in Spain

Is the Community Administrator obliged to give a property owner a summary of the bills relating to their property for use in their tax declaration? This relates to a flat rented out to a third party and if I have understood correctly the Community charges are tax deductible.

Lawyer's answer:

The obligations of the Community Administrator are set out under article 20 of the Shared Property Law (la Ley de Propiedad Horizontal). Often the role of Administrator and Secretary are carried out by the same person, and by law they are obliged to provide you with certificates of any bills paid to the community. If the role of secretary is carried out separately you need to ask the secretary not the Administrator to provide the paperwork.

However, the normal monthly Community charge is not tax deductible only costs like installing a lift, or repairing the facade for example.

Property taxes in Spain
Yearly property taxes in Spain

Role and liability of Property Administrators in Spain

What other functions does an administrator of a community have apart from those stipulated in the Shared Property Law (la Ley de Propiedad Horizontal). Can the Administrator be held responsible for their actions?

Lawyer's answer:

The Shared Property Law (la Ley de Propiedad Horizontal) gives the Administrator certain powers to act on behalf of a Community of Property Owners. But any further duties or funcitions undertaken by the property administrator must have the mandate of the property owners.

Property administrators in Spain are certainly not allowed to take unilateral decisions, and under article 1726 of the Civil Code they are responsible for their actions.

Installing air conditioning in Spain

Is the installation of an air conditioning system on the facade legal? We want to install an air conditioning system in our Spanish apartment but have been warned about legal reprisals from neighbours.

Nobody is allowed to use the building’s facade or other communal parts of the building to install individual facilities and even more so if these facilities annoy the neighbours as stated in article 7.2 of the Shared Property Act.

This type of installation would constitute an invasion of communal elements.

However, article 3 of the Civil Code states that certain facilities can be installed if it can be demonstrated that this would improve quality of life, as long as permission is sought from the community of property owners before hand.

Your best option is to submit a written request for permission to the president of your community.

Community charges in Spain

Do Community Charges have to be paid by direct debit under the law?

Lawyer's answer:

Neither the Shared Property Law (la Ley de Propiedad Horizontal) or the Civil Code impose the need to pay by direct debit. Therefore the Property Administrator cannot demand this. You have every right to pay the charges directly into the Community account as long as it is within the time allowed.

Related links:
What is a comunidad de propietarios?

Debts with the community

Does the President of the Community have to ask for payment of overdue bills by members of the community of property owners who have defaulted or can the Administrator of the Community also do this?

Answer:

Yes the Administrator can also ask for money owed to the community by members who have defaulted. Their is a legal process that applies to such situations. Under article 21 of the Shared Property Law the administrator can go through a legal process in order to get defaulters to pay up as long as this action has been sanctioned by the majority of the other property owners in the community.

Spanish Community presidents

Can a property owner who does not live in their property because they rent it out or use it as a second home can be given the role of Community President?

The problem is that given that they do not live in their property they do not suffer from any of the problems that may arise like noise, problems with the communal pool, rubbish etc…which means that they may not be in a position to take correct decisions regarding such issues.

Answer:

In article 13.2 of the current Shared Property Act it stipulates that any of the property owners can be named President or Administrator whether they live in their property habitually or not. They can either be elected by majority during a community meeting, or be given the role of Community President on a rotary basis or by drawing lots.

The named person has the opportunity to revoke their role within a month justifying why. However a property owner who rents out their flat has every right to take on the role of President or Administrator.