Works in homeowners’ associations: what the law allows and what majorities each action requires
Construction work in a homeowners’ association doesn’t just affect the building itself; it also puts coexistence to the test. The Horizontal Property Law distinguishes between simple maintenance, improvement works, and renovations that alter common elements or the building’s exterior appearance, and each type is subject to a different approval process.
The general rule: not all works are voted on equally.
Before starting any work, it’s essential to identify its legal nature. An interior renovation that doesn’t affect third parties is not the same as enclosing a terrace, installing an elevator, or working on the building’s roof. The law operates on a basic principle: the greater the impact on common elements or the building’s structure, the higher the majority required for approval.
Interior works in the house
When the work is limited to the interior of the dwelling and does not affect common elements, the facade, structure, or safety of the building, the owner can carry it out without community authorization. The Horizontal Property Law allows this as long as it does not cause harm to other owners or alter the exterior appearance of the building.
Even so, in practice it’s advisable to inform the community about the work if it will generate noise, involve the movement of materials, or require intensive use of common areas. Prevention, in these types of cases, usually avoids future conflicts.
Necessary and conservation works
The works necessary for the maintenance, upkeep, safety, habitability, or accessibility of the building are given special consideration. They do not depend solely on the will of the board, but rather are a legal obligation of the community.
This includes urgent sanitation repairs, roof work, structural repairs, or actions essential to prevent further damage. In these cases, the law prioritizes the objective need to preserve the building over any debate about its advisability.
Improvement and beautification works
More complex are the improvement, aesthetic renovation, or beautification works, such as painting the facade or renovating certain common elements. These actions must be submitted to the owners’ association and approved by the corresponding majority in each case.
Experience shows that these projects require meticulous technical and financial planning. It’s advisable to request several comparable quotes, review their contents, and assess not only the price but also the deadlines, quality, and payment terms. A well-documented decision reduces the risk of challenges and facilitates its execution.
Majorities: unanimity, three-fifths or simple majority
The Horizontal Property Law establishes a tiered majority system. Unanimity is reserved for the most sensitive cases, especially when the agreement affects the deed of constitution or the bylaws.
In other cases, the law requires qualified majorities, such as three-fifths of owners and shares, or a simple majority, depending on the nature of the agreement. The enclosure of terraces, for example, usually requires a supermajority, while other management actions or certain installation agreements can be approved under a more flexible procedure.
The key is not to apply a one-size-fits-all approach to every project. Each project has its own legal framework and its own level of requirements.
Enclosures, facades and uniformity
Enclosing terraces and light wells is one of the most contentious issues in apartment buildings. This is not only because it alters the building’s aesthetics, but also because it can affect the facade and even the building’s permitted floor area.
Therefore, the owner’s wishes alone are not enough. Often, community approval and a municipal license are required. Furthermore, many communities choose to establish uniform criteria for awnings, colors, and elements visible from the outside to preserve the building’s aesthetic appeal.
Light wells and attics
Light wells deserve special consideration. Although they may be assigned for the private use of certain owners, they remain common elements. This means they cannot be enclosed or freely transformed into another room, nor used for purposes other than their intended function.
The same applies, to a large extent, to attics and solariums, which form part of the building’s roof. Any work affecting their waterproofing or structure can lead to future liability if dampness or damage appears.
Community swimming pools
Swimming pools are also often a source of debate each season. Schedules, opening and closing times, guest control, access for those with outstanding balances, and rules of use are all issues that should be clearly regulated to avoid problems of coexistence.
In addition, water analysis reports, the logbook, and emergency information must be clearly visible, and in certain cases, having a lifeguard may be mandatory. At this point, internal regulations and compliance with health and safety standards are just as important as the community agreement itself.
An orderly coexistence
Managing construction projects in a community requires more than simply interpreting the law correctly. It demands order, foresight, and an administration capable of anticipating conflicts. The Horizontal Property Law provides the legal framework, but harmonious coexistence depends on each action being processed clearly, voted on by the appropriate majority, and carried out with respect for the rights of all owners.
When that happens, the project ceases to be a source of friction and becomes a real improvement for the community.
Legal department of Fernández-Fígares and Associates